70-3a-404. Remedies.

269 words·~1 min read·/ut/title-70/chapter-3a/70-3a-404

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

(a)An owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark.

(b)A court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display, or sale as may be considered by the court just and reasonable.

(2)A court may:

(a)require the defendants to pay the owner:

(i)all profits derived from the wrongful manufacture, use, display, or sale of a registered mark; or

(ii)all damages suffered because of the wrongful manufacture, use, display, or sale of a registered mark;

(b)order that any counterfeits or imitations of a registered mark in the possession or under the control of any defendant in an action be delivered to the following to be destroyed:

(i)an officer of the court; or

(ii)the complainant; or

(c)take a combination of the actions described in Subsections (2)(a) and

(b).

(3)A court may enter judgment for the prevailing party:

(a)in an action where the court finds:

(i)the other party committed the wrongful act:

(A)with knowledge;

(B)in bad faith; or

(ii)as according to the circumstances of the case; and

(b)in an amount not to exceed:

(i)three times the profits and damages of the prevailing party; and

(ii)the reasonable attorneys fees of the prevailing party.

(4)The enumeration of any right or remedy in this section does not affect a registrant's right to prosecute under any penal law of this state.

Enacted by Chapter 318 , 2002 General Session