Tennessee § 47-25-512 - Infringement.

§ 47-25-512. Infringement.

Subject to § 47-25-516 , any person who: Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this part 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, mistake or deception as to the source of origin of such goods or services; Reproduces, counterfeits, copies, or colorably imitates any such mark and applies 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; Uses the trade name or trademark, or a confusingly similar trade name or trademark, of any bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary in a solicitation for the offering of services or products if such use is likely to cause confusion, mistake or deception as to the source of origin, affiliation or sponsorship of such products or services; or, uses the trade name or trademark, or confusingly similar trade name or trademark, of any bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary in any manner in a solicitation for the offering of services or products, unless the solicitation clearly and conspicuously states the following in bold-face type on the front page of the solicitation: The name, address and telephone number of the person making the solicitation; A statement that the person making the solicitation is not affiliated with the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary; and A statement that the solicitation is not authorized or sponsored by the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary; or Uses the trade name or trademark, or a confusingly similar trade name or trademark of any place of entertainment, or the name of any event, person, or entity scheduled to perform at a place of entertainment in the domain of a ticket marketplace URL. It is not a violation of this subdivision (4) if the ticket marketplace obtained written authorization from the place of entertainment, event, person, or entity scheduled to perform at a place of entertainment to use the trade name, trademark, or name in the domain of the URL prior to the use. For purposes of this subdivision (4): “Domain” means the portion of text in a URL that is to the left of the top-level domains such as .com, .net, or .org; “Place of entertainment” means an entertainment facility in this state, such as a theater, stadium, museum, arena, amphitheater, racetrack, or other place where performances, concerts, exhibits, games, athletic events, or contests are held; “Ticket” means a printed, electronic, or other type of evidence of the right, option, or opportunity to occupy space at, to enter, or to attend a place of entertainment, even if not evidenced by any physical manifestation of the right, option, or opportunity; and “Ticket marketplace” means a website that provides a forum for or facilitates the buying and selling, or reselling, of a ticket; shall be liable in a civil action by the registrant for any and all of the remedies provided in § 47-25-514 , except that under subdivision (2) the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion, mistake or deception. Acts 1982, ch. 698, § 12; T.C.A., §§ 69-540, 47-25-432, 47-25-511; Acts 2000, ch. 671, § 1; 2003, ch. 31, § 5; 2011, ch. 89, § 4; 2018, ch. 930, § 3. Compiler's Notes. Former § 47-25-512 , concerning injury to business reputation or dilution of registered mark, was transferred to § 47-25-513 in 2000. Acts 2018, ch. 930, § 4 provided that the act, which amended this section, shall apply to actions occurring on or after May 15, 2018. Amendments. The 2018 amendment added (4). Effective Dates. Acts 2018, ch. 930, § 4. May 15, 2018. Cited: Wynn Oil Co. v. Thomas, 669 F. Supp. 831, 1986 U.S. Dist. LEXIS 23721 (M.D. Tenn. 1986); State ex rel. Elvis Presley International Memorial Foundation v. Crowell, 733 S.W.2d 89, 1987 Tenn. App. LEXIS 3176 (Tenn. Ct. App. 1987); WHS Entertainment Ventures v. United Paperworkers Int'l Union, 997 F. Supp. 946, 1998 U.S. Dist. LEXIS 3336 (M.D. Tenn. 1998). Collateral References. Parody as trademark or tradename dilution or infringement. 179 A.L.R. Fed. 181. World wide web domain as violating state trademark protection statute or state unfair trade practices act. 96 A.L.R.5th 1. Application of doctrine of “reverse passing off” under Lanham Act. 194 A.L.R. Fed. 175. Lanham Act trademark infringement actions in Internet and web site context. 197 A.L.R. Fed. 17.