Subject to the provisions of § 59.1-92.15, any person who (i) 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 owner of a registered mark, 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 (ii) 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 owner of a registered mark for any and all of the remedies provided in § 59.1-92.13, except that under this subdivision the owner shall not be entitled to recover profits, damages, or attorney 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; 2011, c. 801.
Structure Code of Virginia
Title 59.1 - Trade and Commerce
Chapter 6.1 - Registration and Protection of Trademarks and Service Marks
§ 59.1-92.4. Application for registration
§ 59.1-92.5. Filing of applications
§ 59.1-92.6. Certificate of registration
§ 59.1-92.7. Duration and renewal
§ 59.1-92.8. Assignments and changes of name
§ 59.1-92.13. Remedies and penalties
§ 59.1-92.14. Service on out-of-state registrants
§ 59.1-92.15. Common law rights
§ 59.1-92.17. Commission may consider final judgments
§ 59.1-92.18. Appeals from final action of Commission
§ 59.1-92.19. Regulations and forms