37-6-26. Civil action against person counterfeiting or imitating registered mark--Knowledge required to recover profits or damages.Subject to the provisions of §37-6-27, any person who shall reproduce, counterfeit, copy, or colorably imitate any mark registered under §37-6-13 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 conjunction with the sale or other distribution in this state of such goods or services shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in §37-6-24, except that the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that the mark is intended to be used to cause confusion or mistake or to deceive. Source: SL 1955, ch 232, §11; SDC Supp 1960, §51.0911 (2); SL 1980, ch 264, §19.
South Dakota Legal Code