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Oregon Revised Statutes

Or. Rev. Stat. § 647.095 (2026)

Prohibited acts; liability

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      647.095 Prohibited acts; liability. (1) A person may not:

      (a) Use without the registrant’s consent and in connection with a sale, distribution, offer for sale or advertisement of goods or services a reproduction, counterfeit, copy or colorable imitation of a mark registered under this chapter if the use is likely to cause confusion or mistake or to deceive as to the origin of the goods or services; or

      (b) Apply a mark described in paragraph (a) of this subsection to a label, sign, print, package, wrapper, receptacle or advertisement intended for use in connection with the sale or distribution of goods or services within this state.

      (2) A person that acts as described in subsection (1) of this section is liable for the remedies provided in ORS 647.105 in a civil action brought by the registrant, except that the registrant may not recover profits or damages from the person unless the person acted as described in subsection (1)(b) of this section with the intent to cause confusion or mistake or to deceive. [1961 c.497 §11; 1965 c.511 §10; 1985 c.566 §1; 2009 c.459 §14]

 

      647.100 [Repealed by 1961 c.497 §16]

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1985–2026 · leading case: Interstellar Starship Servs. v. Epix, Inc., 125 F. Supp. 2d 1269 (D. Or. 2001).
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Interstellar Starship Servs. v. Epix, Inc., 125 F. Supp. 2d 1269 (D. Or. 2001). “107 and under the common law), Oregon trademark infringement (ORS 647.095 and under the common law), and cybersquatting ( 15 U.”
Schoene v. Christensen, No. 3:23-cv-00693 (D. Or. Aug. 10, 2023). · cites it 6× “Trademark Infringement, Trademark Counterfeiting, and Unfair Competition Claims Under federal and Oregon state law, the owner of a registered trademark has a cause of action against any person who, without consent of the owner, uses the trademark in commerce in connection with…”
Union Carbide Corp. v. Fred Meyer, Inc., 619 F. Supp. 1028 (D. Or. 1985). “608 and ORS 647.095. IRREPARABLE INJURY Union Carbide must show it will suffer irreparable injury pending a full trial on the merits in order to prevail on the motion for a preliminary injunction.”
Schoene v. Christensen, No. 3:23-cv-00693, 2024 WL 1052681 (D. Or. Mar. 11, 2024). “§ 1114 (1) and Oregon Revised Statute ("ORS") §§ 647.095 and 647.105; (2) trademark dilution under 15 U.”
Remedy Beverages LLC v. Long Play, Inc., No. 3:26-cv-00970 (D. Or. May 22, 2026). “§ 1114 , Oregon trademark infringement under Oregon Revised Statutes (“ORS”) § 647.095 et seq., and false designation of origin and unfair competition under 15 U.”
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