2006 Code of Virginia § 59.1-92.12 - Infringement

59.1-92.12. Infringement.

Subject to the provisions of 59.1-92.15, any person who:

1. Uses in this Commonwealth, without the consent of the registrant, anyreproduction, counterfeit, copy, or colorable imitation of a mark registeredunder this chapter or prior law in connection with the sale, offering forsale, distribution, or advertising of any goods or services on or inconnection with which such use is likely to cause confusion or mistake or todeceive as to the source or origin of such goods or services; or

2. Reproduces, counterfeits, copies or colorably imitates a registered markand applies such reproduction, counterfeit, copy or colorable imitation tolabels, signs, prints, packages, wrappers, receptacles, or advertisementsintended to be used in this Commonwealth in connection with the sale,offering for sale, distribution, or advertising of any goods or services onor in connection with which such use is likely to cause confusion or mistakeor to deceive, shall be liable in a civil action by the registrant for anyand all of the remedies provided in 59.1-92.13, except that under thissubdivision the registrant shall not be entitled to recover profits, damages,or attorneys' fees unless the acts have been committed with knowledge thatsuch mark is intended to be used to cause confusion or mistake or to deceive.

(1998, c. 819.)