Infracción de Marca Registrada en Texas

Sec. 16.102. INFRINGEMENT OF REGISTERED MARK. (a) Subject to Section 16.107, a person commits an infringement if the person: (1) without the registrant's consent, uses anywhere in this state a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter in connection with selling, distributing, offering for sale, or advertising goods or services when the use is likely to deceive or cause confusion or mistake as to the source or origin of the goods or services; or (2) reproduces, counterfeits, copies, or colorably imitates a mark registered under this chapter and applies the reproduction, counterfeit, copy, or colorable imitation to a label, sign, print, package, wrapper, receptacle, or advertisement intended to be used in selling or distributing, or in connection with the sale or distribution of, goods or services in this state. (b) A registrant may sue for damages and to enjoin an infringement proscribed by Subsection (a). (c) If the court determines that there has been an infringement, the court shall enjoin the act of infringement and may: (1) subject to Subsection (d), require the violator to pay Statute text rendered on: 7/1/2024 - 500 - BUSINESS AND COMMERCE CODE the registrant all profits derived from or damages resulting from the acts of infringement; and (2) order that the infringing counterfeits or imitations in the possession or under the control of the violator be: (A) delivered to an officer of the court to be destroyed; or (B)