2011 Louisiana Laws
Revised Statutes
TITLE 51 — Trade and commerce
RS 51:300.6 — Infringement and remedies
§300.6. Infringement and remedies
A. No person shall use, without the consent of Jazzland, Inc., any reproduction, counterfeit, copy, or colorable imitation of a mark reserved to Jazzland, Inc., under this Subpart or registered by Jazzland, Inc., in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with such use that is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services.
B. No person shall 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 conjunction with the sale or other distribution in this state of such goods or services.
C. Any person who violates the provisions set forth in Subsection A of this Section shall be liable in a civil action by Jazzland, Inc. for any and all remedies provided in this Subpart.
D. Jazzland, Inc. may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of a mark reserved under this Subpart to Jazzland, Inc., and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as may be by such court deemed just and reasonable, and may require the defendants to pay Jazzland, Inc. all profits derived from and all damages suffered by reason of such wrongful manufacture, use, display, or sale. Such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed.
E. The enumeration of any right or remedy herein shall not affect the right of Jazzland, Inc. to prosecute or seek prosecution under any other law of this state.
Acts 2000, 1st Ex. Sess., No. 62, §1.
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