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365.601 Infringement.
Subject to the provisions of KRS 365.611, any person who:
(1) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or
colorable imitation of a mark registered under KRS 365.561 to 365.613, or under
KRS 365.560 to 365.625 prior to their repeal, in connection with the sale,
distribution, offering for sale, or advertising of any goods or services which is likely
to cause confusion or mistake or to deceive as to the source or origin of the goods or
services; or
(2) Reproduces, makes, 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 the goods or services;
shall be liable in a civil action by the registrant for any of the remedies provided in KRS
365.603, except that under subsection (2) of this section, 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.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 468, sec. 12, effective July 15, 1994.
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