2015 Oregon Revised Statutes
Volume : 14 - Trade Practices, Labor and Employment
Chapter 661 - Organized Labor; Union Labels
Section 661.250 - Actions to enjoin counterfeits or unauthorized use of label; injunction; damages; destruction of counterfeits.

(1) A person, association or union that adopts or uses a label, trademark, term, design, device or form of advertisement as provided in ORS 661.210 may bring an action to:

(a) Enjoin the manufacture, use, display or sale of any counterfeits of the label, trademark, term, design, device or form of advertisement; or

(b) Enjoin another person from using or displaying a genuine label, trademark, term, design, device or form of advertisement in a manner that the person that adopted the label, trademark, term, design, device or form of advertisement does not authorize.

(2) A court of competent jurisdiction may grant an injunction to restrain any person from manufacturing, using, displaying or selling a counterfeit described in subsection (1) of this section or from using or displaying a genuine label, trademark, term, design, device or form of advertisement without authorization. The court may award the plaintiff in the action damages as the court deems just and reasonable for any injury that results from manufacturing, using, displaying or selling the counterfeits described in subsection (1) of this section or from using or displaying a genuine label, trademark, term, design, device or form of advertisement without authorization. The court shall require the defendants to pay to the plaintiff all profits derived from manufacturing, using, displaying or selling the counterfeits described in subsection (1) of this section or from using or displaying the label, trademark, term, design, device or form of advertisement without authorization.

(3) The court shall also order that counterfeits that a defendant possesses or controls be delivered to an officer of the court, or to the complainant, to be destroyed. [Amended by 2015 c.277 §11]

Note: Section 14, chapter 277, Oregon Laws 2015, provides:

Sec. 14. Cancellation of registration; notice. (1) On the 91st day after the operative date specified in section 17 of this 2015 Act [January 1, 2016], the Secretary of State shall cancel:

(a) A name or insignia that an organization registered under ORS 649.020 before the operative date specified in section 17 of this 2015 Act; and

(b) A label, trademark, term, design, device or form of advertisement that a person, association or union registered under ORS 661.230 before the operative date specified in section 17 of this 2015 Act.

(2) A cancellation under subsection (1) of this section does not prevent a person, association, union or organization from registering a name, insignia, label, trademark, term, design, device or form of advertisement under ORS 649.020 or 661.230, as appropriate, if:

(a) The person, association, union or organization registers the name, insignia, label, trademark, term, design, device or form of advertisement in accordance with ORS 649.020 or 661.230, as appropriate, as those statutes exist on and after the operative date specified in section 17 of this 2015 Act; and

(b) The person, association, union or organization had and continues to have the rights to the name, insignia, label, trademark, term, design, device or form of advertisement that were necessary for registration before the operative date specified in section 17 of this 2015 Act.

(3) At least 30 days before the operative date specified in section 17 of this 2015 Act, the Secretary of State shall notify each person, association, union or organization that registered a name, insignia, label, trademark, term, design, device or form of advertisement under ORS 649.020 or 661.230 before the operative date specified in section 17 of this 2015 Act that the Secretary of State will cancel the registration on the date specified in subsection (1) of this section. The Secretary of State shall send the notice using the contact information available for the person, association, union or organization in the Secretary of State’s records and in the notice shall:

(a) Inform the person, association, union or organization that the person, association, union or organization may register the name, insignia, label, trademark, term, design, device or form of advertisement in accordance with the procedures specified in ORS 649.020 or 661.230, as appropriate, as those statutes exist on and after the operative date specified in section 17 of this 2015 Act;

(b) Describe the relevant procedure; and

(c) Provide contact information that the person, association, union or organization can use to ask questions of and receive assistance from the Secretary of State.

[2015 c.277 §14]