[§481B-25] Damages and remedies.

161 words·~1 min read·/hi/481b-25

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any persons whose rights under section 481B-22 have been violated may bring a civil action against the person responsible for the violation.

(b)In any civil action brought under this part, if the court finds a violation of section 481B-22, the court may award:

(1)Injunctive relief, including the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark;

(2)Equitable relief;

(3)Compensatory damages;

(4)Punitive damages;

(5)Costs of the action; and

(6)Reasonable attorney’s fees.

(c)A claimant who files suit under this part, prior to the commencement of trial, may elect to recover, instead of compensatory and punitive damages, an award of statutory damages in an amount of not less than $1,000 or threefold damages by the claimant sustained, whichever sum is the greater, and reasonable attorney’s fees together with the costs of the suit. [L 2001, c 281, pt of §1]