Any person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary of State under this chapter, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.

60 Del. Laws, c. 612, § ?1; 70 Del. Laws, c. 186, § ?1;

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Terms Used In Delaware Code Title 6 Sec. 3311

  • Court: means the Court of Chancery. See Delaware Code Title 6 Sec. 3314
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mark: shall include any trademark or service mark entitled to registration under this chapter, whether registered or not. See Delaware Code Title 6 Sec. 3302
  • Person: shall mean any individual, firm, partnership, corporation, association, union or other organization. See Delaware Code Title 6 Sec. 3302
  • State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101