48-512. INFRINGEMENT. Subject to the provisions of section 48-516, Idaho Code, any person who shall:
(1) Use, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered under this act in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with 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) Reproduce, counterfeit, copy or colorably imitate any such mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon 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 remedies provided in section 48-514, Idaho Code, except that under this subsection the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive.
History:
[48-512, added 1996, ch. 404, sec. 2, p. 1343.]
Structure Idaho Code
Title 48 - MONOPOLIES AND TRADE PRACTICES
Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS
Section 48-502 - REGISTRABILITY.
Section 48-503 - APPLICATION FOR REGISTRATION.
Section 48-504 - FILING OF APPLICATIONS.
Section 48-505 - CERTIFICATE OF REGISTRATION.
Section 48-506 - DURATION AND RENEWAL.
Section 48-507 - ASSIGNMENTS, AMENDMENTS, CHANGES OF NAME AND OTHER INSTRUMENTS.
Section 48-509 - CANCELLATION.
Section 48-510 - CLASSIFICATION.
Section 48-511 - FRAUDULENT REGISTRATION.
Section 48-512 - INFRINGEMENT.
Section 48-513 - INJURY TO BUSINESS REPUTATION — DILUTION.
Section 48-515 - FORUM FOR ACTIONS REGARDING REGISTRATION — SERVICE ON OUT-OF-STATE REGISTRANTS.
Section 48-516 - COMMON LAW RIGHTS.
Section 48-518 - TIME OF TAKING EFFECT — REPEAL OF PRIOR ACTS — INTENT OF ACT.