2006 Utah Code - 13-40-302 — Limitations on actions.

     13-40-302.   Limitations on actions.
     (1) A person may not bring an action for a violation of this chapter against a person other than:
     (a) a person who displays a pop-up advertisement by means of spyware in violation of Subsection 13-40-301(5); or
     (b) a person who purchases or acquires an advertisement in violation of Subsection 13-40-201(2).
     (2) A person may not bring a class action under this chapter.
     (3) This chapter does not preclude any person accused of violating this chapter from asserting any fair use or other defense that is available to persons alleged to have engaged in trademark infringement.

Amended by Chapter 168, 2005 General Session