Sec. 16.104. REMEDIES. (a) An owner of a mark registered under this chapter may bring an action to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of a mark.
(b) If the court finds that a wrongful act described by Subsection (a) has been committed, the court shall enjoin the wrongful manufacture, use, display, or sale and may:
(1) subject to Subsection (c), require the violator to pay to the owner of the mark all profits derived from or damages resulting from the wrongful acts; and
(2) order that the wrongful counterfeits or imitations in the possession or under the control of the defendant be:
(A) delivered to an officer of the court to be destroyed; or
(B) delivered to the complainant to be destroyed.
(c) If the court finds that the violator committed the wrongful acts with knowledge of the registrant's mark or in bad faith, or otherwise as according to the circumstances of the case, the court, in the court's discretion, may:
(1) enter judgment in an amount not to exceed three times the amount of profits and damages; and
(2) award reasonable attorney's fees to the prevailing party.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
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