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Infringement - 54 Pa. Cons. Stat. § 1123

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     § 1123.  Infringement.
        (a)  General rule.--Subject to the provisions of section 1126
     (relating to common law rights), any person who shall:
            (1)  use, without the consent of the registrant, any
        reproduction, counterfeit, copy or colorable imitation of a
        mark registered under this chapter in connection with the
        sale, offering for sale or advertising of any goods or
        services in a manner 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
        in connection with the sale or other distribution in this
        Commonwealth of such goods or services;
     shall be liable to a civil action by the registrant for any or
     all of the remedies provided in section 1125 (relating to
     remedies), except that under paragraph (2) 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.
        (b)  Exception.--The provisions of subsection (a) shall not
     apply to any advertising agency, publisher of newspapers,
     magazines or other advertising media accepting authorization for
     the reproduction or copy of any such mark innocently and in good
     faith in the usual course of business.
     (June 18, 1998, P.L.518, No.73, eff. 60 days)

        Cross References.  Section 1123 is referred to in section
     1125 of this title.

Last modified: November 27, 2007