2005 Idaho Code - 48-512 — INFRINGEMENT

                                  TITLE  48
                        MONOPOLIES AND TRADE PRACTICES
                                  CHAPTER 5
                  REGISTRATION AND PROTECTION OF TRADEMARKS
    48-512.  INFRINGEMENT. Subject to the provisions of section 48-516, Idaho
Code, any person who shall:
    (1)  Use, without the consent of the registrant, any reproduction,
counterfeit, copy or colorable imitation of a mark registered under this act
in connection with the sale, distribution, offering for sale, or advertising
of any goods or services on or in connection with which such use is likely to
cause confusion or mistake or to deceive as to the source of origin of such
goods or services; or
    (2)  Reproduce, counterfeit, copy or colorably imitate any such mark and
apply such 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 such goods or services, shall be liable in a civil action by the
registrant for any and all of the remedies provided in section 48-514, Idaho
Code, except that under this subsection the registrant shall not be entitled
to recover profits or damages unless the acts have been committed with the
intent to cause confusion or mistake or to deceive.