(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.