2006 Utah Code - 70-3a-402 — Infringement.

     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.

Enacted by Chapter 318, 2002 General Session