Sec. 16.102. INFRINGEMENT OF REGISTERED MARK. (a) Subject to Section 16.107, a person commits an infringement if the person:
(1) without the registrant's consent, uses anywhere in this state a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter in connection with selling, distributing, 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 or distributing, or in connection with the sale or distribution of, goods or services in this state.
(b) A registrant may sue for damages and to enjoin an infringement proscribed by Subsection (a).
(c) If the court determines that there has been an infringement, the court shall enjoin the act of infringement and may:
(1) subject to Subsection (d), require the violator to pay the registrant all profits derived from or damages resulting from the acts of infringement; and
(2) order that the infringing counterfeits or imitations in the possession or under the control of the violator be:
(A) delivered to an officer of the court to be destroyed; or
(B) delivered to the registrant to be destroyed.
(d) If the court finds that the violator acted with actual knowledge of the registrant's mark or in bad faith, the court, in the court's discretion, may:
(1) enter judgment in an amount not to exceed three times the amount of profits and damages; and
(2) award reasonable attorney's fees to the prevailing party.
(e) A registrant is entitled to recover damages under Subsections (a)(2), (c)(1), and (d) only if the violator acted with intent to cause confusion or mistake or to deceive.
(f) The enumeration of any right or remedy under this section does not affect the prosecution of conduct under the penal laws of this state.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
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