§ 429.42 — Improper use, reproduction or imitation; damages.

Michigan § 429.42

• Jurisdiction: Michigan
• Ch. 429: BRANDS, LABELS, AND TRADEMARKS
• Act 242 of 1969: TRADEMARKS AND SERVICE MARKS (429.31-429.46)

Text

TRADEMARKS AND SERVICE MARKS (EXCERPT) Act 242 of 1969 429.42 Improper use, reproduction or imitation; damages. Sec. 12. Subject to the provisions of section 14, any person who shall: (a) 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, 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 (b) Reproduce, counterfeit, copy or colorably imitate any such registered 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; is liable to a civil action by the owner of the registered mark for any or all of the remedies provided in section 13, except that under subdivision (b) of this section 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.

Legislative History

1969, Act 242, Eff. Jan. 1, 1970