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

Nebraska § 87-217

• Jurisdiction: Nebraska
• Ch. 87: Trade Practices

Text

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.

Legislative History

Source: Laws 1967, c. 628, § 10, p. 2103; Laws 1997, LB 453, § 15; Laws 2011, LB462, § 17.