(765 ILCS 1036/60)
Sec. 60.
Infringement.
Subject to the provisions of Section 80 of this Act, a person shall be liable
in a civil action by the registrant for any and all of the remedies provided in
Section 70 of this Act if the person:
(a) uses, without the consent of the registrant, any
reproduction, counterfeit, copy, or colorable imitation of a mark
registered under this Act in connection with the sale,
distribution, 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
(b) reproduces, counterfeits, copies, or colorably imitates
any such mark and applies such reproduction, counterfeit, copy, or
colorable imitation to labels, signs, prints, packages, wrappers,
receptacles, or advertisements intended to be used upon or in
connection with the sale or other distribution in this State of
such goods or services.
The registrant shall not be entitled to
recover profits or damages under this subdivision (b) unless the acts have been
committed with knowledge that such imitation is intended to be used to cause
confusion, or to cause mistake, or to deceive.
(Source: P.A. 90-231, eff. 1-1-98.)
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