Effective 28 Aug 1985

306.900. Direct molding process — use of to duplicate hulls prohibited, when — damages and injunctive relief, when. — 1. As used in this section, the following terms mean:

(1) "Direct molding process", any direct molding process in which the original manufactured vessel hull or component part of a vessel is itself used as a plug for the making of the mold, which is then used to manufacture a duplicate item;

(2) "Mold", a matrix or form in which a substance or material is shaped;

(3) "Person", any individual, partnership, corporation, firm or association;

(4) "Plug", a device or model used to make a mold for the purpose of exact duplication.

2. (1) No person shall use the direct molding process to duplicate for the purpose of sale any manufactured vessel hull or component part of a vessel made by another person without the written permission of that other person.

(2) No person shall knowingly sell a vessel hull or component part of a vessel duplicated in violation of subdivision (1) of this subsection.

3. (1) Any person injured in his business by virtue of any violation of subsection 2 may sue and shall recover threefold the damages incurred by virtue of such violation and the costs of suit and reasonable attorney's fees.

(2) Any person injured in his business by virtue of any violation of subsection 2 may sue for injunctive relief and injunctive relief may be granted regardless of the failure of the plaintiff to show irreparable injury.

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(L. 1985 H.B. 280, et al. § 3)

Effective 4-01-86