State Codes and Statutes

Statutes > Utah > Title-70 > Chapter-03a > 70-3a-404

70-3a-404. Remedies.
(1) (a) An owner of a mark registered under this chapter may proceed by suit to enjointhe 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 registeredmark; or
(ii) all damages suffered because of the wrongful manufacture, use, display, or sale of aregistered mark;
(b) order that any counterfeits or imitations of a registered mark in the possession orunder 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'sright to prosecute under any penal law of this state.

Enacted by Chapter 318, 2002 General Session