§ 47-22-11 — Infringement

North Dakota § 47-22-11

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-22: Trademarks

Text

Subject to the provisions of section 47-22-13, 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 chapter 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
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 to a civil action by the owner of such registered mark for any or all of the
remedies provided in section 47-22-12, except that under subsection 2 the registrant shall not
be entitled to recover profits or damages unless the acts have been committed with knowledge
that such mark is intended to be used to cause confusion or mistake or to deceive.