NO. 1982-295 AN ACT HB 950 Amending Title 54 (Names) of the Pennsylvania Consolidated Statutes, adding revised, codified and compiled provisions relating to names and marks and making conforming and related amendments to Titles 15 (Corporations and Unincorporated Associations) and 18 (Crimes and Offenses) and separately enacting certain related provisions of law.
§ 1121. Damages for fraudulent registration. Any person who shall, for himself or on behalf of any other person, procure the filing or registration of any mark in the department under this chapter by knowingly making any false or fraudulent representation 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. - § 1122. Disclaimer of unregistrable matter. The department shall require unregistrable matter to be disclaimed, but such disclaimer shall not prejudice or affect the common law rights of the applicant then existing or thereafter arising in such disclaimed matter. § 1123. Infringement. (a) General rule.—Subject to the provisions of section 1126 (relating to common law rights), any person whoshall: SESSION OF 1982 Act 1982-295 1329 - (1) use, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of amark registered under this chapter in connection with the sale, offering for sale or advertising of any goods or services in a manner likely to cause confusion or mistake or to deceive as to the source of origin ofsuch goods orservices; or (2) reproduce, counterfeit, copy or cOlorably imitate any such mark and apply such reproduction, counterfeit, copy or colorable imi- - tation to labels, signs, prints, packages, wrappers, receptacles or advertisementsintended to be used in connection with the sale or other distributionin this Commonwealth of such goods orservices; shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in section 1125 (relating to remedies), except that under paragraph (2) the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such mark is intended tO be used to cause confusion or mistake or to deceive.
§ 1124. Injury to business or reputation; dilution. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under this chapter, or a mark valid at common law, or a trade name valid at common law, shallbe aground for injunctive relief notwithstanding the absence of competition between -the parties or the absence of confusion as to the source of goods or ser- -vices. -‘ - - - § 1125. Remedies. (a) General rule.—Any- owner of a mark registered under -this chapter 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, USC; display or sale as may be by the court deemed just and reasonable, ‘and may, except as provided in section 1123 (relating to infringement), require the defendants to pay to such owner all profits derived from and 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 possession or under the control of any defendant in such case be delivered to an officer of the court or to the complainant Io be destroyed. (b) Excepti
(c) Criminal prosecutions -unaffected.—The enumeration of any right or remedy in this chapter shall not affect the right of a registrant to prosecute under Title 18 (relating to crimes and offenses). § 1126. Common law rights. Nothing in this chaptershall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.