Section 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.