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Tex. Bus. & Com. Code § 16.102: Infringement of a Texas-registered mark
Texas section 16.102 gives the owner of a Texas-registered mark an infringement claim, with remedies in subsections (b) through (e).
Citation: Tex. Bus. & Com. Code § 16.102
Type: Statute
Jurisdiction: Texas
Issuing body: Texas Legislature
Status: In force
Section 16.102 gives the owner of a Texas-registered mark a claim for infringement of that mark. A Texas registration is required. Remedies under subsections (b) through (e) include an injunction, the infringer's profits or the registrant's damages, and destruction of infringing materials. Profits and damages may be increased up to three times, with attorney's fees to the prevailing party, where the infringer acted with actual knowledge of the mark or in bad faith. Damages are available only where the infringer intended to cause confusion or deceive.
Related guides.
- Trademark Claims Under Federal and Texas Law
- Which Trademark Rights Can Be Enforced
- Trademark Remedies
Sources.
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