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§ 1-414. Unlawful use of mark

West's Annotated Code of MarylandBusiness Regulation

West's Annotated Code of Maryland
Business Regulation (Refs & Annos)
Title 1. Definitions; General Provisions (Refs & Annos)
Subtitle 4. Trademarks, Service Marks, and Trade Names (Refs & Annos)
MD Code, Business Regulation, § 1-414
§ 1-414. Unlawful use of mark
Currentness
(a) Subject to § 1-402 of this subtitle, a person may not:
(1) use, without the consent of the registrant, a reproduction or colorable imitation of a mark registered under this subtitle in connection with the sale, offering for sale, or advertising of goods or services if the use is likely to confuse or deceive about the origin of the goods or services; or
(2) reproduce or colorably imitate a mark registered under this subtitle and apply the reproduction or colorable imitation to an advertisement, label, package, print, receptacle, sign, or wrapper that is intended to be used:
(i) with goods or services; or
(ii) in conjunction with the sale or other distribution of goods or services in the State.
(b)(1) A person who violates this section is liable in a civil action to a registrant for any remedy provided in this section.
(2) A registrant may recover profits or damages from a person who violates subsection (a)(2) of this section only if the person intended that the mark be used to confuse or deceive.
(c) A registrant may sue to enjoin the display, manufacture, sale, or use of a reproduction or colorable imitation of a mark of the registrant.
(d) A court of competent jurisdiction may:
(1) grant an injunction to restrain the display, manufacture, sale, or use of a reproduction or colorable imitation of a registered mark;
(2) require the defendant to pay to the registrant for the wrongful display, manufacture, sale, or use of a reproduction or colorable imitation of a mark:
(i) any profit that the defendant derived;
(ii) any damages that the registrant suffered; or
(iii) both; and
(3) require the defendant to deliver to an officer of the court or to the registrant, for destruction, any reproduction or colorable imitation of the mark that is in the possession or under the control of the defendant.

Credits

Added by Acts 1992, c. 4, § 2.
Formerly Art. 41, §§ 3-111, 3-112.
MD Code, Business Regulation, § 1-414, MD BUS REG § 1-414
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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