2006 Code of Virginia § 59.1-92.13 - Remedies

59.1-92.13. Remedies.

A. Any registrant of a mark in force and effect may proceed by suit in acourt of competent jurisdiction to enjoin violations of 59.1-92.12 and/orseek such other remedies as are set forth herein. Any court of competentjurisdiction may grant such injunctions as may by the court be deemed justand reasonable to restrain such violations, and may require any defendant topay to such registrant all profits derived from and/or all damages sufferedby reason of such violations. The court may also order that any material thatviolates 59.1-92.12 that is in the possession or under the control of anydefendant in such case be destroyed, or delivered to an officer of the courtor to the registrant for destruction. The court, in its discretion uponconsideration of the circumstances of the case, may award reasonableattorneys' fees to the prevailing party.

B. Any person who knowingly and intentionally violates the provisions of 59.1-92.12 shall be guilty of a Class 2 misdemeanor and, upon a second orsubsequent conviction, shall be guilty of a Class 6 felony.

(1998, c. 819.)