2013 South Dakota Codified Laws
Title 37 - TRADE REGULATION
Chapter 06 - Trademark And Service Mark Protection
§ 37-6-24 Proceedings to enjoin counterfeits or imitations of registered mark--Circuit courtjurisdiction--Damages--Destruction of counterfeits or imitations.
37-6-24. Proceedings to enjoin counterfeits or imitations of registered mark--Circuit court jurisdiction--Damages--Destruction of counterfeits or imitations. Any owner of a mark registered under § 37-6-13 may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof. The circuit court may grant injunctions to restrain such manufacture, use, display or sale as may be by the court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale. The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed. The enumeration of any right or remedy in this section shall not affect a registrant's right to prosecute under any penal law of this state.
Source: SDC 1939, § 51.0907; SL 1955, ch 232, § 12; SDC Supp 1960, § 51.0912; SL 1980, ch 264, § 17.
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