[§481A-4]  Remedies.  (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. [L 1969, c 187, pt of §1; gen ch
1985]



 



Case Notes



 



  Where there was no evidence in the record that plaintiffs
knew that their claim under this chapter was "groundless", as
required for an award of attorneys' fees under subsection (b), trial court did
not err in denying defendant's motion for attorneys' fees and costs under this
section.  98 H. 309, 47 P.3d 1222.



  Where plaintiffs' claims were based on a common core of
facts, occurred roughly within the same two-month span of time, and were based
on similar legal theories, such that it appeared that counsels' time was
devoted largely to the litigation as a whole and not divisible into discrete
slivers neatly matching each claim advanced, and the trial judge was in the
best position to assess the reasonableness of counsels' actions, trial court
did not abuse its discretion in awarding fifty per cent of the attorneys' fees
requested by plaintiffs.  116 H. 42 (App.), 169 P.3d 994.