§ 35-18h — Illegal use of mark. Remedies.

Connecticut § 35-18h

• Jurisdiction: Connecticut
• Title 35: Trade Regulations, Trademarks and Collective and Certification Marks
• Ch. 622a: Collective and Certification Marks

Text

(a) Subject to the provisions of section 35-18j, any person who (1) uses in Connecticut, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered under this chapter in connection with the sale, offering for sale, distribution or advertising of any goods or services on or in connection with which such use is likely to cause confusion or to cause mistake or to deceive as to the source or origin of such goods or services; or (2) reproduces, counterfeits, copies or colorably imitates any such mark and applies such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution or advertising of goods or services on or in connection with which such use is likely to cause confusion or to cause mistake or to deceive the public, shall be liable in a civil action by the registrant for any or all the remedies provided in subsection (b) of this section, except that under subdivision (2) of this subsection the registrant shall not be entitled to recover profits or damages unless the acts have been committed with intent to cause confusion or mistake or to deceive. (b) Any registrant of a mark registered under this chapter may proceed by suit to enjoin the wrongful manufacture, use, display or sale of any reproduction, counterfeit or imitation thereof, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be deemed just and reasonable, and may require the defendants to pay to such registrant all profits derived from, or all damages suffered by reason of, such wrongful manufacture, use, display or sale, or both such profits and damages; and such court may also order that any such reproduction, counterfeit or imitation in the possession or under the control of any defendant be delivered to an officer of the court to be destroyed, or to the complainant. The court, in its discretion, may enter judgment for an amount not to exceed three times such profits and damages and a reasonable attorney's fee of the prevailing party in such cases where the court finds the other party committed such wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case. The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state. (c) In all cases where the registrant is an association, union or other organization which is not incorporated, an action under this section may be commenced and prosecuted by any officer or member of such association, union or other organization, on behalf of such association, union or other organization. See Sec. 53-347a (c) re penalties for illegal use of mark.

Legislative History

(1967, P.A. 689, S. 8; P.A. 93-152, S. 19; P.A. 10-32, S. 111.) History: P.A. 93-152 amended Subsec. (a) to replace “likely to cause confusion or to cause mistake or to deceive the public” with “likely to cause confusion or to cause mistake or to deceive as to the source or origin of such goods or services”, replace “owner of such registered mark” with “registrant” and replace “committed with knowledge that such imitation is intended to be used to cause confusion or mistake or to deceive the public” with “committed with intent to cause confusion or mistake or to deceive” and amended Subsec. (b) to replace “owner” with “registrant”, rephrase provision re granting of injunctions and add provision authorizing the court to enter judgment for an amount not to exceed three times such profits and damages and a reasonable attorney's fee when the court makes certain findings; P.A. 10-32 made a technical change in Subsec. (c), effective May 10, 2010.