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NRS 600.430

Civil remedies

Applied in 2 court decisions — leading case 561 F. Supp. 984 - Visa International Service Ass'n v. Visa Hotel Group, Inc. (1983)

Most recently applied in 180 F. Supp. 3d 724 - Russell Road Food & Beverage, LLC v. Galam (April 2016)

(Added to NRS by 1979, 599; A 2003, 2832)

1. Any owner of a mark registered in this State may proceed by suit to enjoin the manufacture, use, display or sale of counterfeits or imitations of it.

2. A court of competent jurisdiction may:

(a) Grant injunctions to restrain such manufacture, use, display or sale as it deems just and reasonable under the circumstances;

(b) Require the defendant to pay to the owner all profits derived from the wrongful acts of the defendant and all damages suffered by reason of these acts;

(c) Require the defendant to pay to the owner treble damages on all profits derived from the willful and wrongful acts of the defendant and treble damages on all damages suffered by reason of these acts; and

(d) Order that any counterfeits or imitations in the possession or control of any defendant be delivered for destruction to an officer of the court or to the complainant.

3. In an action brought pursuant to this section, the court may award costs and reasonable attorney’s fees to 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.

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