§ 59.1-92.12. Infringement
Subject to the provisions of § 59.1-92.15, any person who:
1. Uses in a manner likely to cause a consumer confusion, mistake, or deception as to the source or origin of any goods or services, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of such goods or services; or
2. Reproduces, counterfeits, copies or colorably imitates a registered mark and applies such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, advertisements, or any item intended to be used in a manner likely to cause a consumer confusion, mistake, or deception as to the source or origin of any goods or services in connection with the sale, offering for sale, distribution, or advertising of such goods or services, shall be liable in a civil action by the registrant for any and all of the remedies provided in § 59.1-92.13, except that under this subdivision the registrant shall not be entitled to recover profits, damages, or attorneys' fees unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.
(1998, c. 819; 2008, cc. 759, 800.)
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