Remedies.

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  • (1)
    • (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.




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