§482-31 Infringement. Subject to section 482-53, any person who:
(1) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this part in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in which such use is likely to cause confusion or mistake, or to deceive, as to the source of origin of such goods or services; or
(2) Reproduces, counterfeits, copies, or colorably imitates a mark registered under this part and applies such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used on or in connection with the sale or other distribution in this State of such goods or services;
shall be liable in a civil action by the registrant for any and all of the damages and remedies provided in section 482-33; provided that under paragraph (2) the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion, mistake, or to deceive. [L 2001, c 15, pt of §1; am L 2008, c 108, §13]
Cross References
Trademark counterfeiting, see §708-875.
Structure Hawaii Revised Statutes
Title 26. Trade Regulation and Practice
482. Trademarks, Service Marks, and Trade Names, Registration and Protection of
482-2 OLD REPEALED. §482-2 Certificate.
482-3 Record, issuance and effect of certificate.
482-4 Certain trade names not to be adopted or used.
482-6 Revocation of certificate; nonuse.
482-7 Application of law; reissue on nonuser.
482-8 Revocation of trade name registration.
482-8.5 Administrative order of abatement against a registered or authorized entity.
482-22 Application for registration.
482-23 Filing of applications; appeal.
482-24 Certificate of registration.
482-26 Assignment; change of name.
482-28.5 Revocation of a mark.
482-32 Injury to business reputation; dilution.
482-34 Forum for actions regarding registration; service on out of state registrants.
482-51 Penalties for signing false documents.