§ 47-25-514 — Remedies - Penalties for violations

(a) Any owner of a mark registered under this part may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as such court may deem just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale. The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case 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 (3) times such profits and damages and/or reasonable attorneys' fees of the prevailing party in such cases where the court finds the other party committed such wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case. (b) The enumeration of any right or remedy in this part shall not affect a registrant's right to prosecute under any penal law of this state.

Legislative History

Acts 1982, ch. 698, § 14; T.C.A., §§ 69-542, 47-25-434; Acts 1989, ch. 591, §§ 1, 6; T.C.A., §47-25-513; Acts 2000, ch. 671, § 1.