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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.

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