(A) Subject to Section 39-15-1180 and subsection (B) of this section, a person is liable in a civil action by the registrant for the remedies provided in Section 39-15-1170 if the person:
(1) uses without the consent of the registrant a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this article in connection with the sale, distribution, offering for sale, or advertising of goods or services on or in connection with which this use is likely to cause confusion or mistake or to deceive as to the source of origin of these goods or services; or
(2) reproduces, counterfeits, copies, or colorably imitates a mark and applies the reproduction, counterfeit, copy, or colorable imitation to a label, sign, print, package wrapper, receptacle, or advertisement intended to be used on or in connection with the sale or other distribution in this State of these goods or services.
(B) Notwithstanding subsection (A) a person liable under subsection (A)(2) is not entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive.
HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
Structure South Carolina Code of Laws
Chapter 15 - Labels And Trademarks
Section 39-15-10. Use of marked beer, soda water, or mineral water containers.
Section 39-15-15. Requirements for labeling product as "peat"; penalties.
Section 39-15-20. Fraud in sale of goods marked "sterling".
Section 39-15-30. Fraud in sale of goods marked "coin" or "coin silver".
Section 39-15-410. Adoption and use of individual brands or marks.
Section 39-15-420. Registration of mark or brand with Secretary of State; registered number.
Section 39-15-430. Issuance of certificate; fees; admissibility of certificate as evidence.
Section 39-15-440. Transfer, release, or sale of brand or mark; records.
Section 39-15-450. Effect of use of brand or mark.
Section 39-15-480. Unauthorized possession of marked or branded containers.
Section 39-15-490. Effect of refusal to deliver containers to lawful owner.
Section 39-15-500. Taking or sending containers out of State without consent of owner.
Section 39-15-510. Situation in which article is inapplicable.
Section 39-15-520. Article is cumulative.
Section 39-15-710. Definitions.
Section 39-15-720. Authority to use trademark on timber.
Section 39-15-730. Purchaser's lien on branded timber.
Section 39-15-740. Loss of lien upon default in payments; removal of brand.
Section 39-15-750. Destruction of brand; removal or transfer of timber.
Section 39-15-910. Use of name or trade name in advertising.
Section 39-15-1105. Definitions.
Section 39-15-1110. Registration of distinguishing mark for goods or services; exceptions.
Section 39-15-1115. Registration of mark; required information.
Section 39-15-1120. Application, registration of mark, examination and amendment.
Section 39-15-1125. Certificate of registration; issuance; admissibility as evidence.
Section 39-15-1130. Effective period, registration of mark; renewal.
Section 39-15-1135. Mark and registration, assignment; change of name; recording.
Section 39-15-1140. Registered or renewed marks, public record.
Section 39-15-1145. Registration of mark, cancellation from register; conditions.
Section 39-15-1150. Goods and services, classification.
Section 39-15-1155. Fraudulent filing, registration of mark; liability.
Section 39-15-1160. Liability for unapproved use.
Section 39-15-1170. Action to enjoin counterfeit or imitation use of registered mark; damages.
Section 39-15-1180. Rights in marks not adversely affected by article.