§482-4  Certain trade names not to be
adopted or used.  (a)  It shall be unlawful for any person to adopt or use
a trade name or entity name that infringes on any person's ownership rights to
any registered trade name, mark, or the name of any entity registered or
authorized to transact business in accordance with the laws of this State, or a
name the exclusive right to which is, at the time, reserved in this State.  In
addition to the revocation of a trade name registration or administrative order
of abatement provisions in sections 482-8 and 482-8.5, respectively, any person
whose ownership rights to a trade name, mark, or entity name are infringed upon
by the adoption or use of a confusingly similar trade name or entity name may
seek injunctive relief in a court of competent jurisdiction or the imposition
of a fine that shall not exceed $2,000, or both.



(b)  When a bona fide labor union, or
association of employees has adopted a device in the form of a label, brand,
mark, name, or other character for the purpose of designating the products of
the members of the union or association and the device has been registered
pursuant to sections 482-2 and 482-3, then it shall be unlawful for any person
to adopt, print, distribute, or otherwise use the device or one so similar as
to be confused therewith.  Any person, except the director, found to be in
violation of this subsection may, in addition to any other penalty assessed or
otherwise imposed by law, be required to pay all costs and attorney's fees
incurred in seeking enforcement of this subsection, and may be ordered by the
court to pay damages to the bona fide labor union or association of employees
involved in such amount as may be determined by the court; provided that the
damages ordered shall not be less than $250 nor more than $5,000. [L 1925, c
174, pt of §1; am L 1931, c 18, §1; RL 1935, §7453; RL 1945, §9288; am L 1951,
c 135, §1; RL 1955, §204-4; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3;
HRS §482-4; am L 1971, c 164, §1; am L 1979, c 102, §1; am L 1980, c 26, §5; am
L 1982, c 204, §8; am L 1983, c 124, §17 and c 167, §16; am L 1984, c 118, §8;
am L 1985, c 270, §4; am L 1996, c 92, §17; am L 1999, c 249, §34; am L 2000, c
219, §83; am L 2001, c 15, §6; am L 2003, c 124, §85; am L 2008, c 108, §9]



 



Case Notes



 



  No likelihood of confusion found.  5 H. App. 194, 683 P.2d
1220.