KRS 365.601: Infringement.

Subject to the provisions of KRS 365.611, any person who:

(1) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or

colorable imitation of a mark registered under KRS 365.561 to 365.613, or under

KRS 365.560 to 365.625 prior to their repeal, in connection with the sale,

distribution, offering for sale, or advertising of any goods or services which is likely

to cause confusion or mistake or to deceive as to the source or origin of the goods or

services; or

(2) Reproduces, makes, counterfeits, copies or colorably imitates any mark and app lies

the 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 the goods or services;

shall be liable in a civil action by the registrant for any of the remedies provided in KRS

365.603, except that under subsection (2) of this section, the registrant shall not be

entitled to recover profits or damages unless the acts have been committe d with the intent

to cause confusion or mistake or to deceive.