                                 CODE OF VIRGINIA

INFRINGEMENT (§ 59.1-92.12)

Subject to the provisions of § 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 § 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.

HISTORY: 1998, c. 819; 2008, cc. 759, 800; 2011, c. 801.