Subject to the provisions of G.S. 80-13, any person who shall
(1) Use in this State without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this Article in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or
(2) Reproduce, counterfeit, copy or colorably imitate any such mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution in this State of such goods or services;
shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in G.S. 80-12, except that under subdivision (2) hereof the registrant shall not be entitled to recover profits or damages or any penalty unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive. (1903, c. 271, s. 6; Rev., s. 3019; C.S., s. 3978; 1967, c. 1007, s. 1.)
Notes of Decisions
Belk, Inc. v. Meyer Corp., U.S., 679 F.3d 146 (4th Cir. 2012).
· cites it 3× “at 81 (citing N.C. Gen.Stat. §§ 80-11, -12). Although the care taken by the district court in Sideshow is quite evident, we nonetheless find Sideshow unpersuasive.”
Window Gang Ventures, Corp. v. Salinas, 2019 NCBC 23 (N.C. Bus. Ct. 2019).
· cites it 22× “claims for trademark infringement under N.C. Gen. Stat. §§ 80-11 and 80-13, civil obstruction of justice, and civil conspiracy to commit civil obstruction of justice.”
Windsor Jewelers, Inc. v. Windsor Fine Jewelers, LLC, 2009 NCBC 2 (N.C. Bus. Ct. 2009).
· cites it 6× “See N.C. Gen. Stat. §§ 80-11 , 80-12 (2007). 5 {63} The purpose of the NCTRA “is to provide a system of State trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, 15 U.”
Sideshow, Inc. v. Mammoth Records, Inc., 751 F. Supp. 78 (E.D.N.C. 1990).
· cites it 5× “” The penalty, however, is only available if defendant committed the acts of infringement “with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.”
Ray Lackey Enters., Inc. v. Vill. Inn Lakeside, Inc., 2015 NCBC 32 (N.C. Bus. Ct. 2015).
· cites it 4× “80-12, except that under subdivision (2) hereof the registrant shall not be entitled to recover profits or damages or any penalty unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.”
La Michoacana Nat., LLC v. Maestre (W.D.N.C. 2021).
· cites it 4× “§ 1125(d); (5) Infringement of Copyright; (6) Statutory Trademark Infringement—N.C. Gen. Stat. § 80-11; (7) Unfair and Deceptive Trade Practices—N.”
Baker v. Bowden, 2016 NCBC 85 (N.C. Bus. Ct. 2016).
· cites it 4× “¶ 44); (2) trademark infringement in violation of N.C. Gen. Stat. § 80-11 (2015) (Compl. ¶ 53); (3) trade dress infringement in violation of the North Carolina Trademark Registration Act (Compl.”
Ray Lackey Enters., Inc. v. Vill. Inn Lakeside, Inc., 2016 NCBC 9 (N.C. Bus. Ct. 2016).
· cites it 3× “The Preliminary Injunction enjoins Defendants based, in part, on Plaintiff’s likelihood of success on the merits of its claims for trademark infringement under N.C. Gen. Stat. § 80-11 . Acts of trademark infringement are per se unfair and deceptive trade practices.”
Sycamore Brewing, LLC v. Stone Brewing Co., LLC (W.D.N.C. 2022).
· cites it 2× “See N.C. Gen. Stat. §§ 80-11 , 12. For the reasons set forth above, then, Plaintiff has also met its burden of establishing a likelihood of success on the merits of its Unfair Competition claim.”
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