Georgia Code
Part 1 - Registration and Use of Trademarks and Service Marks
§ 10-1-450. Civil Action for Infringement of Registered Mark

Subject to Code Section 10-1-452, any person who shall:
shall be liable to a civil action by the owner of such registered trademark or service mark for liquidated damages in the amount of $10,000.00, if such act has been committed with knowledge that the trademark or service mark has been registered under this part and such act has been committed without previously obtaining the consent of the owner thereof, and for any or all of the remedies provided in subsection (a) of Code Section 10-1-451, except that actual damages shall not be recoverable when liquidated damages are sought, and except that under paragraph (2) of this Code section the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such trademark or service mark is intended to be used to cause confusion or mistake or to deceive.
History. Ga. L. 1893, p. 134, § 4; Civil Code 1895, § 1739; Civil Code 1910, § 1991; Code 1933, § 106-103; Ga. L. 1952, p. 134, § 16; Ga. L. 1963, p. 463, § 11; Ga. L. 1988, p. 1458, § 2.
Law reviews.
For article, “Corporate Software Piracy: Is Your Client (or Your Firm) Liable?,” see 22 Ga. St. B. J. 30 (1985).

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Structure Georgia Code

Georgia Code

Title 10 - Commerce and Trade

Chapter 1 - Selling and Other Trade Practices

Article 16 - Trademarks, Service Marks, and Trade Names

Part 1 - Registration and Use of Trademarks and Service Marks

§ 10-1-440. When Trademark or Service Mark Used in State; Definitions

§ 10-1-441. Registration of Marks — When Marks Ineligible

§ 10-1-442. Registration of Marks — Application; Fee

§ 10-1-443. Registration of Marks — Classes of Goods and Services for Purposes of Registration; Application Limited to One Class