21-2508. Wrongful use of registered name; liability; action to enjoin; other remedies.
208 words·~1 min read·
/ne/chapter-21/21-2508A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any person shall be liable in a civil action by the owner of a registered name for a wrongful use of such name, and any owner of a name registered under the Name Protection Act may enjoin the wrongful use of the registered name. Any court of competent jurisdiction may grant an injunction to restrain such use and may require the defendant to pay to such owner all profits derived from and all damages suffered by reason of such wrongful use. Proof of monetary damage, loss of profits, competition between the parties, or intent to deceive shall not be required.
Costs shall be allowed to the prevailing party unless the court otherwise directs. The court, in its discretion, may award attorney's fees to the prevailing party if
(1)the party complaining of the improper or unauthorized use of a registered name has brought an action which he or she knew to be groundless or
(2)the party charged with the improper or unauthorized use of a registered name has willfully engaged in the improper or unauthorized use of the registered name. The relief provided in this section is in addition to remedies otherwise available for the same conduct under the common law or other statutes of this state.