(a) Any competitor, customer, or competitor of a customer of any person in violation of this chapter, or any subsequent purchaser of an article of merchandise which violates this chapter shall be entitled to injunctive relief restraining further violations and may sue as the real party in interest in any circuit court of the State, and shall recover damages and the cost of suit, including reasonable attorney’s fees.

Terms Used In Hawaii Revised Statutes 482D-10

  • article of merchandise: means any goods, wares, works of art, commodities, or other things which may be lawfully kept or offered for sale, imported into, or exported from the State. See Hawaii Revised Statutes 482D-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: means an individual, partnership, corporation, or any other form of business enterprise, capable of being in violation of this chapter. See Hawaii Revised Statutes 482D-1
(b) If the court determines that the action was brought frivolously, for purposes [of] harassment, or in implementation of any scheme in restraint in trade, it may award court costs, reasonable attorney’s fees and any other remedies, including punitive damages, the court deems reasonable.
(c) Any defendant against whom a civil action is brought under the provisions of this chapter shall be entitled to recover the cost of defending the suit, including a reasonable attorney’s fee, in the event such action is terminated without a finding by the court that such defendant is or has been in violation of this chapter.

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