2006 Utah Code - 70-3a-404 — Remedies.

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

Enacted by Chapter 318, 2002 General Session