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Texas Business & Commerce Code - Section 16.26. Infringement Of Registered Mark

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 16.26. Infringement Of Registered Mark

§ 16.26. INFRINGEMENT OF REGISTERED MARK.  (a) Subject to 
Section 16.27 of this code, a person commits an infringement if, 
without the registrant's consent, he
		(1)  uses anywhere in this state a reproduction, 
counterfeit, copy, or colorable imitation of a mark registered 
under this chapter in connection with selling, offering for sale, 
or advertising goods or services when the use is likely to deceive 
or cause confusion or mistake as to the source or origin of the 
goods or services;  or
		(2)  reproduces, counterfeits, copies, or colorably 
imitates a mark registered under this chapter and applies the 
reproduction, counterfeit, copy, or colorable imitation to a label, 
sign, print, package, wrapper, receptacle, or advertisement 
intended to be used in selling, leasing, distributing, or rendering 
goods or services in this state when the use is likely to deceive or 
cause confusion or mistake as to the source or origin of the goods 
or services.
	(b)  A registrant may sue for damages and to enjoin an 
infringement proscribed by Subsection (a) of this section in a 
district court having venue.
	(c)  If the district court determines that there has been an 
infringement, it shall enjoin the act of infringement and may
		(1)  require the infringer to pay the registrant all 
damages resulting from the acts of infringement and occurring from 
and after the date two years before the day the suit was filed;  and
		(2)  order that the infringing reproductions, 
counterfeits, copies, or colorable imitations in the possession or 
under the control of the infringer be
			(A)  delivered to an officer of the court;                                   
			(B)  delivered to the registrant;  or                                        
			(C)  destroyed.                                                              
	(d)  A registrant is entitled to recover damages under 
Subsection (c)(1) of this section only for an infringement that 
occurred during the period of time the infringer had actual 
knowledge of the registrant's mark.

Acts 1967, 60th Leg., p. 2343, ch. 785, § 1.                               

Last modified: August 11, 2007