2017 ORS 647.095¹
Prohibited acts
  • liability

(1) A person may not:

(a) Use without the registrant’s consent and in connection with a sale, distribution, offer for sale or advertisement of goods or services a reproduction, counterfeit, copy or colorable imitation of a mark registered under this chapter if the use is likely to cause confusion or mistake or to deceive as to the origin of the goods or services; or

(b) Apply a mark described in paragraph (a) of this subsection to a label, sign, print, package, wrapper, receptacle or advertisement intended for use in connection with the sale or distribution of goods or services within this state.

(2) A person that acts as described in subsection (1) of this section is liable for the remedies provided in ORS 647.105 (Remedies for infringement) in a civil action brought by the registrant, except that the registrant may not recover profits or damages from the person unless the person acted as described in subsection (1)(b) of this section with the intent to cause confusion or mistake or to deceive. [1961 c.497 §11; 1965 c.511 §10; 1985 c.566 §1; 2009 c.459 §14]

Notes of Decisions

Where ordinary purchaser was not likely to confuse antifreeze of plaintiff and defendants, all of same yellow color and packaged in F-style jug, there was no likelihood of injury to plaintiff’s business reputa­tion and no ground for injunctive relief. Union Carbide Corp. v. Fred Meyer, Inc., 619 F Supp 1028 (1985)

1 Legislative Counsel Committee, CHAPTER 647—Trademarks and Service Marks; Music Royalties, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors647.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 647, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano647.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.