{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-92.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-92.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-92.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-92.12.html"}],"law_id":81610,"edition_id":1,"section_id":81610,"structure_id":14295,"section_number":"59.1-92.12","catch_line":"Infringement","history":"1998, c. 819; 2008, cc. 759, 800; 2011, c. 801.","full_text":"Subject to the provisions of \u00a7 59.1-92.15, any person who (i) uses in a manner likely to cause a consumer confusion, mistake, or deception as to the source or origin of any goods or services, without the consent of the owner of a registered mark, any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of such goods or services or (ii) reproduces, counterfeits, copies or colorably imitates a registered mark and applies such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, advertisements, or any item intended to be used in a manner likely to cause a consumer confusion, mistake, or deception as to the source or origin of any goods or services in connection with the sale, offering for sale, distribution, or advertising of such goods or services shall be liable in a civil action by the owner of a registered mark for any and all of the remedies provided in \u00a7 59.1-92.13, except that under this subdivision the owner shall not be entitled to recover profits, damages, or attorney fees unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.","order_by":null,"text":{"0":{"id":292274,"text":"Subject to the provisions of \u00a7 59.1-92.15, any person who (i) uses in a manner likely to cause a consumer confusion, mistake, or deception as to the source or origin of any goods or services, without the consent of the owner of a registered mark, any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of such goods or services or (ii) reproduces, counterfeits, copies or colorably imitates a registered mark and applies such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, advertisements, or any item intended to be used in a manner likely to cause a consumer confusion, mistake, or deception as to the source or origin of any goods or services in connection with the sale, offering for sale, distribution, or advertising of such goods or services shall be liable in a civil action by the owner of a registered mark for any and all of the remedies provided in \u00a7 59.1-92.13, except that under this subdivision the owner shall not be entitled to recover profits, damages, or attorney fees unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14295,"edition_id":1,"name":"Registration and Protection of Trademarks and Service Marks","identifier":"6.1","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:47:38","date_modified":"2026-06-26 03:47:38","permalink":{"id":262923,"object_type":"structure","relational_id":14295,"identifier":"6.1","token":"59.1\/6.1","url":"\/59.1\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82625,"structure_id":14295,"section_number":"59.1-92.1","catch_line":"Short title","url":"\/59.1-92.1\/","token":"59.1\/6.1\/59.1-92.1","metadata":false},{"id":71217,"structure_id":14295,"section_number":"59.1-92.10","catch_line":"Cancellation","url":"\/59.1-92.10\/","token":"59.1\/6.1\/59.1-92.10","metadata":false},{"id":78998,"structure_id":14295,"section_number":"59.1-92.11","catch_line":"Classification","url":"\/59.1-92.11\/","token":"59.1\/6.1\/59.1-92.11","metadata":false},{"id":81610,"structure_id":14295,"section_number":"59.1-92.12","catch_line":"Infringement","url":"\/59.1-92.12\/","token":"59.1\/6.1\/59.1-92.12","metadata":false},{"id":69571,"structure_id":14295,"section_number":"59.1-92.13","catch_line":"Remedies and penalties","url":"\/59.1-92.13\/","token":"59.1\/6.1\/59.1-92.13","metadata":false},{"id":60471,"structure_id":14295,"section_number":"59.1-92.14","catch_line":"Service on out-of-state registrants","url":"\/59.1-92.14\/","token":"59.1\/6.1\/59.1-92.14","metadata":false},{"id":86777,"structure_id":14295,"section_number":"59.1-92.15","catch_line":"Common law rights","url":"\/59.1-92.15\/","token":"59.1\/6.1\/59.1-92.15","metadata":false},{"id":63214,"structure_id":14295,"section_number":"59.1-92.16","catch_line":"Fees","url":"\/59.1-92.16\/","token":"59.1\/6.1\/59.1-92.16","metadata":false},{"id":68575,"structure_id":14295,"section_number":"59.1-92.17","catch_line":"Commission may consider final judgments","url":"\/59.1-92.17\/","token":"59.1\/6.1\/59.1-92.17","metadata":false},{"id":80047,"structure_id":14295,"section_number":"59.1-92.18","catch_line":"Appeals from final action of Commission","url":"\/59.1-92.18\/","token":"59.1\/6.1\/59.1-92.18","metadata":false},{"id":55566,"structure_id":14295,"section_number":"59.1-92.19","catch_line":"Regulations and forms","url":"\/59.1-92.19\/","token":"59.1\/6.1\/59.1-92.19","metadata":false},{"id":73469,"structure_id":14295,"section_number":"59.1-92.2","catch_line":"Definitions","url":"\/59.1-92.2\/","token":"59.1\/6.1\/59.1-92.2","metadata":false},{"id":84331,"structure_id":14295,"section_number":"59.1-92.20","catch_line":"Fees to cover expense of regulation","url":"\/59.1-92.20\/","token":"59.1\/6.1\/59.1-92.20","metadata":false},{"id":80822,"structure_id":14295,"section_number":"59.1-92.21","catch_line":"Olympic symbols","url":"\/59.1-92.21\/","token":"59.1\/6.1\/59.1-92.21","metadata":false},{"id":60768,"structure_id":14295,"section_number":"59.1-92.22","catch_line":"Use of name, logo, or symbol of a bank, trust company, savings institution, or credit union","url":"\/59.1-92.22\/","token":"59.1\/6.1\/59.1-92.22","metadata":false},{"id":75519,"structure_id":14295,"section_number":"59.1-92.3","catch_line":"Registrability","url":"\/59.1-92.3\/","token":"59.1\/6.1\/59.1-92.3","metadata":false},{"id":86188,"structure_id":14295,"section_number":"59.1-92.4","catch_line":"Application for registration","url":"\/59.1-92.4\/","token":"59.1\/6.1\/59.1-92.4","metadata":false},{"id":62846,"structure_id":14295,"section_number":"59.1-92.5","catch_line":"Filing of applications","url":"\/59.1-92.5\/","token":"59.1\/6.1\/59.1-92.5","metadata":false},{"id":78501,"structure_id":14295,"section_number":"59.1-92.6","catch_line":"Certificate of registration","url":"\/59.1-92.6\/","token":"59.1\/6.1\/59.1-92.6","metadata":false},{"id":60537,"structure_id":14295,"section_number":"59.1-92.7","catch_line":"Duration and renewal","url":"\/59.1-92.7\/","token":"59.1\/6.1\/59.1-92.7","metadata":false},{"id":71606,"structure_id":14295,"section_number":"59.1-92.8","catch_line":"Assignments and changes of name","url":"\/59.1-92.8\/","token":"59.1\/6.1\/59.1-92.8","metadata":false},{"id":78111,"structure_id":14295,"section_number":"59.1-92.9","catch_line":"Records","url":"\/59.1-92.9\/","token":"59.1\/6.1\/59.1-92.9","metadata":false}],"previous_section":{"id":78998,"structure_id":14295,"section_number":"59.1-92.11","catch_line":"Classification","url":"\/59.1-92.11\/","token":"59.1\/6.1\/59.1-92.11","metadata":false},"next_section":{"id":69571,"structure_id":14295,"section_number":"59.1-92.13","catch_line":"Remedies and penalties","url":"\/59.1-92.13\/","token":"59.1\/6.1\/59.1-92.13","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-92.12\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapter 819<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2008, chapters 759<\/a> and 800<\/a>; in 2011, chapter 801<\/a>.<\/p>","references":[{"id":69571,"section_number":"59.1-92.13","catch_line":"Remedies and penalties","order_by":null,"url":"\/59.1-92.13\/"}],"refers_to":[{"id":69571,"section_number":"59.1-92.13","catch_line":"Remedies and penalties","order_by":null,"url":"\/59.1-92.13\/"},{"id":86777,"section_number":"59.1-92.15","catch_line":"Common law rights","order_by":null,"url":"\/59.1-92.15\/"}],"permalink":{"id":262937,"object_type":"law","relational_id":81610,"identifier":"59.1-92.12","token":"59.1\/6.1\/59.1-92.12","url":"\/59.1-92.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-92.12\/","token":"59.1\/6.1\/59.1-92.12","dublin_core":{"Title":"Infringement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-92.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Subject to the provisions of \u00a7 59.1-92.15<\/a>, any person who (i) uses<\/span> in a manner likely to cause a consumer confusion, mistake, or deception as to the source or origin of any goods or services, without the consent of the owner of a registered mark<\/span>, any reproduction, counterfeit, copy, or colorable imitation of a registered mark<\/span> in connection with the sale, offering for sale, distribution, or advertising of such goods or services or (ii) reproduces, counterfeits, copies or colorably imitates a registered mark<\/span> and applies such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, advertisements, or any item intended to be used in a manner likely to cause a consumer confusion, mistake, or deception as to the source or origin of any goods or services in connection with the sale, offering for sale, distribution, or advertising of such goods or services shall be liable in a civil action<\/span> by the owner of a registered mark<\/span> for any and all of the remedies provided in \u00a7 59.1-92.13<\/a>, except that under this subdivision the owner shall not be entitled to recover profits, damages<\/span>, or attorney fees unless the acts have been committed with knowledge that such mark<\/span> is intended to be used to cause confusion or mistake or to deceive.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINFRINGEMENT (\u00a7 59.1-92.12)\n\nSubject to the provisions of \u00a7 59.1-92.15, any person who (i) uses in a manner\nlikely to cause a consumer confusion, mistake, or deception as to the source or\norigin of any goods or services, without the consent of the owner of a\nregistered mark, any reproduction, counterfeit, copy, or colorable imitation of\na registered mark in connection with the sale, offering for sale, distribution,\nor advertising of such goods or services or (ii) reproduces, counterfeits,\ncopies or colorably imitates a registered mark and applies such reproduction,\ncounterfeit, copy, or colorable imitation to labels, signs, prints, packages,\nwrappers, receptacles, advertisements, or any item intended to be used in a\nmanner likely to cause a consumer confusion, mistake, or deception as to the\nsource or origin of any goods or services in connection with the sale, offering\nfor sale, distribution, or advertising of such goods or services shall be liable\nin a civil action by the owner of a registered mark for any and all of the\nremedies provided in \u00a7 59.1-92.13, except that under this subdivision the owner\nshall not be entitled to recover profits, damages, or attorney fees unless the\nacts have been committed with knowledge that such mark is intended to be used to\ncause confusion or mistake or to deceive.\n\nHISTORY: 1998, c. 819; 2008, cc. 759, 800; 2011, c. 801.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}