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Haw. Rev. Stat. § 481A-4

Remedies

Known as the Uniform Deceptive Trade Practice Act

The act spans §§ 481–481 (5 sections).

Applied in 2 court decisions — leading case Porter v. Hu (2007)

Most recently applied in 165 F. Supp. 3d 955 - Flynn v. Marriott Ownership Resorts, Inc. (February 2016)

L 1969, c 187, pt of §1; gen ch 1985

(a) A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits, or intent to deceive is not required. Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source.

(b) Costs shall be allowed to the prevailing party unless the court otherwise directs. The court may award attorneys' fees to the prevailing party if (1) the party complaining of a deceptive trade practice has brought an action which the party knew to be groundless, or (2) the party charged with a deceptive trade practice has wilfully engaged in the trade practice knowing it to be deceptive.

(c) The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this State.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.