§481B-25 - Damages and remedies.
[§481B-25]Â
Damages and remedies. (a) Any persons whose rights under section 481B-22
have been violated may bring a civil action against the person responsible for
the violation.
(b)Â In any
civil action brought under this part, if the court finds a violation of section
481B-22, the court may award:
(1)Â Injunctive
relief, including the forfeiture or cancellation of the domain name or the
transfer of the domain name to the owner of the mark;
(2)Â Equitable
relief;
(3)Â Compensatory
damages;
(4)Â Punitive
damages;
(5)Â Costs of the
action; and
(6)Â Reasonable
attorney’s fees.
(c)Â A
claimant who files suit under this part, prior to the commencement of trial,
may elect to recover, instead of compensatory and punitive damages, an award of
statutory damages in an amount of not less than $1,000 or threefold damages by
the claimant sustained, whichever sum is the greater, and reasonable attorney’s
fees together with the costs of the suit. [L 2001, c 281, pt of §1]