§ 70-3a-404 — Remedies.

(1) (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.
(1)(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:

(2)(a) require the defendants to pay the owner:
(2)(a)(i) all profits derived from the wrongful manufacture, use, display, or sale of a registered mark; or
(2)(a)(ii) all damages suffered because of the wrongful manufacture, use, display, or sale of a registered mark;
(2)(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:
(2)(b)(i) an officer of the court; or
(2)(b)(ii) the complainant; or
(2)(c) take a combination of the actions described in Subsections (2)(a) and (b).
(3) A court may enter judgment for the prevailing party:

(3)(a) in an action where the court finds:
(3)(a)(i) the other party committed the wrongful act:

(3)(a)(i)(A) with knowledge;
(3)(a)(i)(B) in bad faith; or
(3)(a)(ii) as according to the circumstances of the case; and
(3)(b) in an amount not to exceed:
(3)(b)(i) three times the profits and damages of the prevailing party; and
(3)(b)(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.

Legislative History

Enacted by Chapter 318, 2002 General Session