2006 Utah Code - 13-40-301 — Private action.

     13-40-301.   Private action.
     (1) An action for a violation of this chapter may be brought against a person who violates Section 13-40-201 by:
     (a) the attorney general; or
     (b) a mark owner who:
     (i) does business in this state; and
     (ii) is directly and adversely affected by a violation of this chapter.
     (2) In an action under Subsection (1), a person may:
     (a) obtain an injunction against committing any further violation of this chapter; and
     (b) subject to Subsection (3), recover the greater of:
     (i) actual damages; or
     (ii) up to $500 for each separate occurrence resulting in the display of an advertisement prohibited by Section 13-40-201.
     (3) In an action under Subsection (1), a court may:
     (a) increase the damages up to three times the damages allowed by Subsection (2)(b) if the court finds that the defendant willfully or knowingly violated this chapter; and
     (b) award costs and reasonable attorney fees to a prevailing party.
     (4) For purposes of this section, a separate violation occurs for each individual occurrence that results in the display of an advertisement described in Subsection 13-40-102(7).
     (5) Except as provided in Subsection 13-40-201(2)(b), an action for a violation of this chapter may be brought against a person who purchases or acquires advertising described in Subsection 13-40-201(1) if:
     (a) the person against whom the action is brought receives actual notice from a mark owner of an alleged violation of Section 13-40-201;
     (b) the notice required under Subsection (5)(a) contains a detailed explanation of the alleged violation; and
     (c) the person against whom the action is brought fails to take reasonable steps to stop the violation of Subsection 13-40-201(1) described in the notice provided under Subsection (5)(a).
     (6) (a) At the time of commencement of an action for a violation of Subsection 13-40-201(1), the person filing the action shall serve a copy of any summons and complaint upon any person against whom an action is brought under Subsection (5).
     (b) A person against whom an action may be brought under Subsection (5) may intervene in an action for a violation of Subsection 13-40-201(1) in accordance with Rule 24(c) of the Utah Rules of Civil Procedure or Rule 24(c) of the Federal Rules of Civil Procedure.

Amended by Chapter 168, 2005 General Session