2010 Tennessee Code
Title 47 - Commercial Instruments And Transactions
Chapter 25 - Trade Practices
Part 5 - Tennessee Trade Mark Act of 2000
47-25-512 - Infringement.

47-25-512. Infringement.

Subject to the provisions of § 47-25-516, any person who:

     (1)  Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this part 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, mistake or deception as to the source of origin of such goods or services;

     (2)  Reproduces, counterfeits, copies, or colorably imitates any such mark and applies 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; or

     (3)  Uses the name or logo of any bank, savings and loan association, savings bank or subsidiary or affiliate thereof, in connection with the sale, distribution, offering for sale or advertising of any products or services on or in connection with which such use is likely to cause confusion, mistake or deception as to the source of origin, affiliation or sponsorship of such products or services without obtaining the express written consent of the person whose name is used;

shall be liable in a civil action by the registrant for any and all of the remedies provided in § 47-25-514, except that under subdivision (2) the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion, mistake or deception.

[Acts 1982, ch. 698, § 12; T.C.A., §§ 69-540, 47-25-432, 47-25-511; Acts 2000, ch. 671, § 1; 2003, ch. 31, § 5.]  

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