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Utah Code § 70-3a-404

Remedies

Applied in 1 court decision — leading case 141 F. Supp. 3d 1195 - Utah Republican Party v. Herbert (2015)

Most recently applied in 141 F. Supp. 3d 1195 - Utah Republican Party v. Herbert (October 2015)

Enacted by Chapter 318, 2002 General Session

(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.

(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).

(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.

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