THEODORE R. MCKELDIN, GOVERNOR 227

87J. (Fraudulent Registration.) Any person who shall
for himself, or on behalf of any other person, procure the
filing or registration of any trade-mark in the office of the
Secretary of State under the provisions hereof, by know-
ingly making any false or fraudulent representation or
declaration, verbally or in writing, or by any other fraudu-
lent 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.

87K. (Infringement.) Subject to the provisions of
Section 87M hereof any person who shall

(1) use, without the consent of the registrant any re-
production, counterfeit, copy, or colorable imitation of a
trade-mark registered under this sub-heading in connection
with the sale, offering for sale, or advertising of any goods
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

(2) reproduce, counterfeit, copy or colorably imitate any
such trade-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 distribu-
tion in this state of such goods;

shall be liable to a civil action by the owner of such regis-
tered trade-mark for any or all of the remedies provided in
Section 87L 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 knowl-
edge that such trade-mark is intended to be used to cause
confusion or mistake or to deceive.

87L. (Remedies.) (a) Any owner of a trade-mark
registered under this sub-heading may proceed by suit to
enjoin the manufacture, use, display or sale of any counter-
feits or imitations thereof and any court of competent
jurisdiction may grant injunctions to restrain such manu-
facture, use, display or sale as may be by the said court
deemed just and reasonable, and may require the de-
fendants to pay to such owner all profits derived from
and/or all damages suffered by reason of such wrongful
manufacture, use, display or sale; and such court may also
order that any such counterfeits or imitations in the pos-
session or under the control of any defendant in such case,
be delivered to an officer of the court, or to the complainant,
to be destroyed.