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2025 Utah Code
Title 70 - Trademarks and Trade Names
Chapter 3a - Registration and Protection of Trademarks and Service Marks Act
Part 4 - Violations and Remedies
Section 404 - Remedies.
Universal Citation:
UT Code § 70-3a-404 (2025)
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70-3a-404. Remedies.
Enacted by Chapter 318, 2002 General Session
- (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).
- (a) require the defendants to pay the owner:
- (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
- (i) the other party committed the wrongful act:
- (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.
- (a) in an action where the court finds:
- (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
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