37-6-26. Civil action against person counterfeiting or imitating registered mark--Knowledge required to recover profits or damages.
Subject to the provisions of §37-6-27, any person who shall reproduce, counterfeit, copy, or colorably imitate any mark registered under §37-6-13 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 conjunction with the sale or other distribution in this state of such goods or services shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in §37-6-24, except that the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that the mark is intended to be used to cause confusion or mistake or to deceive.
Source: SL 1955, ch 232, §11; SDC Supp 1960, §51.0911 (2); SL 1980, ch 264, §19.
Structure South Dakota Codified Laws
Chapter 06 - Trademark And Service Mark Protection
Section 37-6-1 - Definition of terms used in counterfeiting provisions.
Section 37-6-3 - Imitation of trade-mark as misdemeanor--Civil penalty.
Section 37-6-4 - Definition of terms used in mark registration law.
Section 37-6-6 - Mark containing immoral, deceptive or scandalous matter not registrable.
Section 37-6-8 - Mark using or simulating flags or governmental insignia not registrable.
Section 37-6-9 - Mark identified with living persons not registrable except by consent.
Section 37-6-11 - Mark similar to previously used marks not registrable.
Section 37-6-13 - Certificate of registration issued by secretary of state--Contents.
Section 37-6-14 - Term of registration--Renewal.
Section 37-6-16 - Civil liability for damages from fraudulent mark registration.
Section 37-6-18 - Cancellation of registration on request or due to error or fraud.
Section 37-6-19 - Cancellation of registration on court findings.
Section 37-6-20 - Cancellation of registration on court order.
Section 37-6-21 - Cancellation of registrations not renewed.
Section 37-6-22 - Public record of registered marks.
Section 37-6-25 - Civil action against person using counterfeit or imitation of registered mark.
Section 37-6-30 - Obliteration of registered container mark as misdemeanor.
Section 37-6-31 - Nonresidents entitled to protection of containers.
Section 37-6-32 - Civil penalty for unauthorized refilling or trafficking in registered containers.