Section 417.056

Title XXVI TRADE AND COMMERCE

Chapter 417

Effective - 28 Aug 1973   

  417.056.  Prohibited acts — civil action for damages, when. — Subject to the provisions of section 417.066, any person who shall:

  (1)  Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under sections 417.005 to 417.066 in connection with the sale, 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 conjunction with the sale or other distribution in this state of such goods or services;

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shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in section 417.061, except that under subdivision (2) hereof the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.

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(L. 1973 H.B. 281 § 11)