70-3a-402. Infringement.
(1) Subject to Section 70-3a-104 and Subsection (2), any person is liable in a civil action
brought by the registrant for any and all of the remedies provided in Section 70-3a-404, if that
person:
(a) uses a reproduction, counterfeit, copy, or colorable imitation of a mark registered
under this chapter:
(i) without the consent of the registrant; and
(ii) in connection with the sale, distribution, offering for sale, or advertising of any goods
or services on or in connection with which that use is likely to cause confusion, mistake, or to
deceive as to the source of origin, nature, or quality of those goods or services; or
(b) reproduces, counterfeits, copies, or colorably imitates any mark and applies the
reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers,
receptacles, or advertisements intended to be used upon or in connection with the sale or other
distribution in this state of goods or services.
(2) Under Subsection (1)(b), the registrant is not entitled to recover profits or damages
unless the act described in Subsection (1)(b) has been committed with the intent:
(a) to cause confusion or mistake; or
(b) to deceive.
Amended by Chapter 258, 2008 General Session
Download Code Section Zipped WordPerfect 70_03a040200.ZIP 2,744 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009