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Trademarks and Trade Names | |
Registration and Protection of Trademarks and Service Marks Act | |
Section 404 | Remedies. |
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70-3a-404. Remedies. (1) (a) An owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark. (b) A court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display, or sale as may be considered by the court just and reasonable. (2) A court may: (a) require the defendants to pay the owner: (i) all profits derived from the wrongful manufacture, use, display, or sale of a registered mark; or (ii) all damages suffered because of the wrongful manufacture, use, display, or sale of a registered mark; (b) order that any counterfeits or imitations of a registered mark in the possession or under the control of any defendant in an action be delivered to the following to be destroyed: (i) an officer of the court; or (ii) the complainant; or (c) take a combination of the actions described in Subsections (2)(a) and (b). (3) A court may enter judgment for the prevailing party: (a) in an action where the court finds: (i) the other party committed the wrongful act: (A) with knowledge; (B) in bad faith; or (ii) as according to the circumstances of the case; and (b) in an amount not to exceed: (i) three times the profits and damages of the prevailing party; and (ii) the reasonable attorneys fees of the prevailing party. (4) The enumeration of any right or remedy in this section does not affect a registrant's right to prosecute under any penal law of this state.
Enacted by Chapter 318, 2002 General Session |
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