§ 39-15-1170 — Action to enjoin counterfeit or imitation use of registered mark; damages.

South Carolina § 39-15-1170

• Jurisdiction: South Carolina
• Title 39: TRADE AND COMMERCE
• Ch. 15: LABELS AND TRADEMARKS

Text

(A) An owner of a mark registered under this article may bring an action to enjoin the manufacture, use, display, or sale of a counterfeit or imitation of the registered mark, and a court of competent jurisdiction may grant an injunction to restrain the manufacture, use, display, or sale as the court considers just and reasonable and may require a defendant to pay the owner profits derived from or damages suffered due to the wrongful manufacture, use, display, or sale or to pay both profits and damages. The court also may order that the counterfeit or imitation in the possession or under the control of a defendant be delivered to an officer of the court or to the complainant to be destroyed. The court in its discretion may enter judgment for an amount not to exceed three times the profits and damages or reasonable attorneys' fees of the prevailing party, or both, in cases where the court finds the other party committed the wrongful acts with knowledge or in bad faith or otherwise according to the circumstances of the case. (B) The enumeration of a right or remedy in this article does not affect a registrant's right to prosecute under any penal law of this State.

Legislative History

HISTORY: 1994 Act No. 486, SECTION 1, eff 3 months after July 13, 1994.