West Virginia Code § 47-2-12

Infringement
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Subject to the provisions of section sixteen of this article, any person who shall:
(1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or
colorable imitation of a mark registered under this article in connection with the sale,
distribution, offering for sale, or advertising of any goods or services 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 services; or
(2) Reproduce, counterfeit, copy or colorably imitate any such muark 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 connection with the
sale or other distribution in this state of such goods or services; then, such person shall be
liable in a civil action by the registrant for any and all of the remedies provided in section
fourteen of this article, except that under subdivision (b) of said section, the registrant shall
not be entitled to recover profits or damages unlesls the acts have been committed with the
intent to cause confusion or mistake or to decseive.

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