[§482P-6] Infringement of right; circuit courts; injunctions; liability for damages and profits; impoundment; destruction; attorneys' fees.

492 words·~2 min read·/hi/482p-6

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

(a)The circuit courts of this State may grant injunctions on reasonable terms to prevent or restrain the unauthorized use of a right recognized by this chapter.

(b)Any person who infringes a right granted by this chapter shall be liable for the greater of $10,000 or the actual damages sustained as a result of the infringement, and any profits that are attributable to the infringement and not taken into account when calculating actual damages; provided that each search of an individual's name on an internet search engine shall be exempt from the statutory damages identified in this subsection. To prove profits under this subsection, the injured party or parties may submit proof of gross revenues attributable to the infringement, and the infringing party may be required by the court to provide evidence of the infringing party's deductible expenses. For the purposes of computing statutory damages, the use of a name, voice, signature, or likeness constitutes a single act of infringement regardless of the number of copies made or the number of times the name, voice, signature, or likeness is displayed.

(c)At any time while an action under this chapter is pending, the court may, pursuant to rule 65 of the Hawaii rules of civil procedure, order the impounding, on reasonable terms, of all materials or any part thereof claimed to have been made or used in violation of the injured party's rights, and the court may enjoin the use of all plates, molds, matrices, masters, tapes, film negatives, master recordings, copies of recordings, optical disk stampers, or other articles by means of which these materials may be reproduced.

(d)As part of a final judgment or decree, the court may order the destruction or other reasonable disposition of all materials found to have been made or used in violation of the injured party's rights, and of all plates, molds, matrices, masters, tapes, film negatives, master recordings, copies of recordings, optical disk stampers, or other articles by means of which these materials may be reproduced; provided that the property of a common carrier, internet service provider, internet search engine provider, or other similarly situated entities shall be exempt from the destruction or disposition requirements identified in this subsection; provided further that if the entity has received written notice of the infringing nature of the material submitted to the entity's agent designated pursuant to [title] 17 United States Code section 512(c) and that entity fails to remove the material expeditiously following receipt of the notice, then this exemption shall not apply.

(e)The prevailing party may recover reasonable attorneys' fees, expenses, and court costs incurred in recovering any remedy or defending any claim brought under this section.

(f)The remedies provided for in this section are cumulative and are in addition to any others provided for by law. [L Sp 2009, c 28, pt of §2]