365.603 Remedies.

201 words·~1 min read·/ky/chapter-365/365-603

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

(1)Any owner of a mark registered under KRS 365.561 to 365.613, or under KRS

365.560 to 365.625 prior to their repeal, may seek to enjoin the manufacture, use,

display, or sale of any counterfeits or imitations of the mark in any court of

competent jurisdiction. The court may require the defendants to pay to that owner

all profits derived from or all damages suffered by reason of the wrongful

manufacture, use, display, or sale of the mark. The court may also order that any

counterfeits or imitations in the possession or under the control of the defendant be

delivered to an officer of the court or the complainant or be destroyed. The court

may enter judgment for an amount not to exceed three

(3)times the profits or

damages, and may require reasonable attorney's fees to be paid to the prevailing

party if the court finds the other party committed the wrongful acts with knowledge

or in bad faith or otherwise according to the circumstances of the case.

(2)Any right or remedy granted pursuant to KRS 365.561 to 365.613 shall not affect a

registrant's right to pursue any remedies available to him under any criminal laws of

this state.