§ 87-216 — Action for misuse; when

Subject to section 87-218 , any person
shall be liable to a civil action by the registrant of the trade name for
any or all of the remedies provided in section 87-217 if that person shall:
(1) Use in connection with his or her business, without the
consent of the registrant, any reproduction, counterfeit, copy, or colorable
imitation of a trade name registered under sections 87-208 to 87-219.01 in
a manner likely to cause confusion, mistake, or deception of purchasers; or
(2) Reproduce, counterfeit, copy, or colorably imitate any
registered trade name and apply the reproduction, counterfeit, copy, or colorable
imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements
intended to be in conjunction with another business in this state; except
that the registrant shall not be entitled to recover profits or damages unless
the acts were committed with knowledge that the imitation was intended to
be used to cause confusion, mistake, or deception of purchasers.

Legislative History

Source: Laws 1967, c. 628, § 9, p. 2103; Laws 1997, LB 453, § 14; Laws 2011, LB462, § 16.