Oregon Revised Statutes

Or. Rev. Stat. § 647.095 (2026)

Prohibited acts; liability

✓ current as of May 2026

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

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647.100 [Repealed by 1961 c.497 §16]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).

Sort: Relevance Newest Treatment

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 (D. Or. 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 (D. Or. 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.; JS-WR JV, Inc. dba WILLIE’S REMEDY+ (D. Or. 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.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.