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Neb. Rev. Stat. § 87-217

Injury to business; injunction; remedies; attorney's fees

Applied in 1 court decision — leading case Denali Real Estate v. Denali Custom Builders (2019)

Most recently applied in Denali Real Estate v. Denali Custom Builders (April 2019)

Laws 1967, c. 628, § 10, p. 2103; Laws 1997, LB 453, § 15; Laws 2011, LB462, § 17.

Any registrant of a trade name may proceed by suit to enjoin the use, display, or sale of any counterfeits or imitations thereof, and a court of competent jurisdiction may restrain such use, display, or sale on terms which the court deems just and reasonable and may require the defendants to pay to the registrant (1) all profits attributable to the wrongful use, display, or sale, (2) all damages caused by the wrongful use, display, or sale, or (3) both such profits and damages, and reasonable attorney's fees. In lieu of the remedies available in subdivisions (1), (2), and (3) of this section, the court may require the defendants to pay statutory damages of one thousand dollars and reasonable attorney's fees. The court may order that any counterfeits or imitations in the possession or under the control of any defendant be delivered to an officer of the court, or to the complainant, to be destroyed.

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