SPIRO T. AGNEW, Governor                     1637

mark in the office of the Secretary of State under the provisions
hereof, by knowingly making any false or fraudulent representa-
tion or declaration, verbally or in writing, or by any other fraudulent
means, shall be liable to pay all damages sustained in consequence
of such filing or registration, to be recovered by or on behalf of the
party injured thereby in any court of competent jurisdiction.

100.

Subject to the provisions of Section 102 hereby any person who
shall:

(1)    Use, without the consent of the registrant any reproduction,
counterfeit, copy or colorable imitation of a [trade-mark] mark
registered under this subheading in connection with the sale, offer-
ing for sale, or advertising of any goods or services on or in connec-
tion 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
[trade-mark] 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 con-
junction 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 [trade-mark] mark for any or all of the remedies
provided in Section 101 hereof, except that under paragraph (2)
hereof the registrant shall not be entitled to recover profits or
damages unless the acts have been committed with knowledge that
such [trade-mark] mark is intended to be used to cause confusion
or mistake or to deceive.

100A.

Likelihood of injury to business reputation or of dilution of the
distinctive quality of a mark registered under this subheading, or a

mark valid at common law, or a trade name valid at common law,

shall be ground for injunctive relief notwithstanding the absence
of competition between the parties or the absence of confusion as to

the source of goods or services.

101.

(a) Any owner of a [trade-mark] mark registered under this
subheading may proceed by suit to enjoin the manufacture, use,
display or sale of any counterfeits or imitations thereof and any
court of competent jurisdiction may grant injunctions to restrain
such manufacture, use, display or sale as may be by the said court
deemed just and reasonable, and may require the defendants to
pay to such owner all profits derived from and/or all damages suf-
ferred by reason of such wrongful manufacture, use, display or sale;
and such court may also order that any such counterfeits or imita-
tions in the possession or under the control of any defendant in
such case, be delivered to an officer of the court, or to the com-
plainant, to be destroyed.

102.

Nothing herein shall adversely affect the rights or the enforce-
ment of rights in [trade-marks] marks required in good faith at
any time at common law.