Oregon Statutes 661.250 – Actions to enjoin counterfeits or unauthorized use of label; injunction; damages; destruction of counterfeits
(1) A person, association or union that adopts or uses a label, trademark, term, design, device or form of advertisement as provided in ORS § 661.210 may bring an action to:
Terms Used In Oregon Statutes 661.250
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plaintiff: The person who files the complaint in a civil lawsuit.
(a) Enjoin the manufacture, use, display or sale of any counterfeits of the label, trademark, term, design, device or form of advertisement; or
(b) Enjoin another person from using or displaying a genuine label, trademark, term, design, device or form of advertisement in a manner that the person that adopted the label, trademark, term, design, device or form of advertisement does not authorize.
(2) A court of competent jurisdiction may grant an injunction to restrain any person from manufacturing, using, displaying or selling a counterfeit described in subsection (1) of this section or from using or displaying a genuine label, trademark, term, design, device or form of advertisement without authorization. The court may award the plaintiff in the action damages as the court deems just and reasonable for any injury that results from manufacturing, using, displaying or selling the counterfeits described in subsection (1) of this section or from using or displaying a genuine label, trademark, term, design, device or form of advertisement without authorization. The court shall require the defendants to pay to the plaintiff all profits derived from manufacturing, using, displaying or selling the counterfeits described in subsection (1) of this section or from using or displaying the label, trademark, term, design, device or form of advertisement without authorization.
(3) The court shall also order that counterfeits that a defendant possesses or controls be delivered to an officer of the court, or to the complainant, to be destroyed. [Amended by 2015 c.277 § 11]