hb0450.hfap.01 Converted WP Floor Amendments

H.B. 450
TRADEMARK AMENDMENTS

house floor Amendments

Amendment 1 March 6, 2009 10:37 am

Representative Bradley G. Last proposes the following amendments:

1.    Page 8, Lines 224 through 231 :

             224          (3) A court of competent jurisdiction:
             225          (a) may grant an injunction to restrain the delivery or display of an advertisement in
             226      Utah prohibited by Section 70-3a-406 ;
             227          (b) may award reasonable attorney fees if the delivery or display of an advertisement in
             228      Utah persists after an action is properly filed after the ten-day notice period described in
             229      Subsection (2)(b);

{ ~~and~~ }

             230          (c)
may award reasonable attorney fees to the defendant upon finding:

    (i) that the delivery or display of a challenged advertisement is not prohibited by Section 70-3a- 406; and
    (ii) that the action was brought in bad faith; and
    (d)

may not award reasonable attorney fees if the delivery or display of an

231 advertisement in Utah stops within the ten-day notice period described in Subsection (2)(b).

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