87-217. Injury to business; injunction; remedies; attorney's fees.

155 words·~1 min read·/ne/chapter-87/87-217

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

Any registrant of a trade name may proceed by suit to enjoin the use, display, or sale of any counterfeits or imitations thereof, and a court of competent jurisdiction may restrain such use, display, or sale on terms which the court deems just and reasonable and may require the defendants to pay to the registrant

(1)all profits attributable to the wrongful use, display, or sale,

(2)all damages caused by the wrongful use, display, or sale, or

(3)both such profits and damages, and reasonable attorney's fees. In lieu of the remedies available in subdivisions (1), (2), and

(3)of this section, the court may require the defendants to pay statutory damages of one thousand dollars and reasonable attorney's fees. The court may order that any counterfeits or imitations in the possession or under the control of any defendant be delivered to an officer of the court, or to the complainant, to be destroyed.