Section 404 - Remedies.

UT Code § 70-3a-404 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(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. (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.

(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.

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

(a) require the defendants to pay the owner: (i) all profits derived from the wrongful manufacture, use, display, or sale of a registered mark; or (ii) all damages suffered because of the wrongful manufacture, use, display, or sale of a registered mark;

(i) all profits derived from the wrongful manufacture, use, display, or sale of a registered mark; or

(ii) all damages suffered because of the wrongful manufacture, use, display, or sale of a registered mark;

(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: (i) an officer of the court; or (ii) the complainant; or

(i) an officer of the court; or

(ii) the complainant; or

(c) take a combination of the actions described in Subsections (2)(a) and (b).

(3) A court may enter judgment for the prevailing party: (a) in an action where the court finds: (i) the other party committed the wrongful act: (A) with knowledge; (B) in bad faith; or (ii) as according to the circumstances of the case; and (b) in an amount not to exceed: (i) three times the profits and damages of the prevailing party; and (ii) the reasonable attorneys fees of the prevailing party.

(a) in an action where the court finds: (i) the other party committed the wrongful act: (A) with knowledge; (B) in bad faith; or (ii) as according to the circumstances of the case; and

(i) the other party committed the wrongful act: (A) with knowledge; (B) in bad faith; or

(A) with knowledge;

(B) in bad faith; or

(ii) as according to the circumstances of the case; and

(b) in an amount not to exceed: (i) three times the profits and damages of the prevailing party; and (ii) the reasonable attorneys fees of the prevailing party.

(i) three times the profits and damages of the prevailing party; and

(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.