§ 360-k. Infringement. Subject to the provisions of this section, any
person who shall:

(a) use, without the consent of the registrant, any reproduction,
counterfeit, copy, or colorable imitation of a mark registered under
this article 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 or mistake or to deceive as
to the source of origin of such goods or services; or

(b) reproduce, counterfeit, copy or colorably imitate any such mark
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 connection with the sale
or other distribution in this state of such goods or services; shall be
liable in a civil action by the registrant for any and all of the
remedies provided in section three hundred sixty-l of this article,
except that under this subdivision the registrant shall not be entitled
to recover profits or damages unless the acts have been committed with
the intent to cause confusion or mistake or to deceive.