44-1451

44-1451. Remedies for infringement

A. Subject to section 44-1452, the owner of a mark registered under this article
may proceed by civil action against any person who, without the consent of the
registrant:

1. Uses in this state the registered mark or a mark similar to the registered mark
on or in connection with any goods or services or any container for goods in any manner
that is likely to cause confusion, cause a mistake or deceive a person as to either:

(a) The affiliation, connection or association of the person with another person.

(b) The origin, sponsorship or approval of the goods, services or commercial
activities by the owner of the registered mark.

2. Reproduces, counterfeits, copies or colorably imitates a registered mark in any
manner whatsoever if such reproductions, counterfeits, copies or colorable imitations are
for usage in contravention of paragraph 1 of this subsection.

3. Distributes or uses an unauthorized copy of computer software if the person
knows that the copy is an unauthorized copy and when used the copy depicts, incorporates
or displays or causes to be depicted, incorporated or displayed a mark that has been
registered under this article for computer software. Unauthorized distribution or use is
deemed to cause injury in this state.

4. Knowingly obliterates, covers, removes or otherwise alters the mark of another
person.

B. In any such action, the court:

1. May grant injunctions to restrain any of such acts as the court deems just and
reasonable.

2. May also require the defendant to pay to the plaintiff, subject to the
principles of equity:

(a) The defendant's profits.

(b) Any damages sustained by the plaintiff.

(c) The costs of the action, provided that no profits or damages shall be awarded
in the case of an action brought under subsection A, paragraph 2 of this section, unless
the acts were committed with knowledge that the usage would be in contravention of
subsection A, paragraph 1 of this section.

3. If the use is a nonpersonal, commercial use, shall grant to a prevailing
plaintiff in an action brought under subsection A, paragraph 3 of this section the
plaintiff's reasonable attorney fees and, at the plaintiff's election and in lieu of the
defendant's profits or actual damages, presumed damages that are equal to five hundred
dollars for each copy or the manufacturer's suggested retail price for each copy,
whichever is greater.

4. If the use is a personal, noncommercial use, may grant to a prevailing plaintiff
in an action brought under this section the plaintiff's reasonable attorney fees and, at
the plaintiff's election and in lieu of the defendant's profits or actual damages,
presumed damages that are equal to five hundred dollars for each copy or the
manufacturer's suggested retail price for each copy, whichever is greater.

5. May also order the cancellation or transfer of a registration or that any
reproductions, copies, counterfeits, or colorable imitations of the registered mark in
the possession or under the control of the defendant be destroyed or delivered for
destruction.

6. May also order the confiscation or destruction of any unauthorized copy of
computer software that when used depicts or displays or causes to be depicted or
displayed a registered mark.

C. The enumeration of any right or remedy provided in this article shall not affect
a registrant's right to prosecution under any penal law of this state.