(a) Any persons whose rights under § 481B-22 have been violated may bring a civil action against the person responsible for the violation.

Terms Used In Hawaii Revised Statutes 481B-25

  • Claimant: means the person alleging a violation of this part. See Hawaii Revised Statutes 481B-21
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Domain name: means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet. See Hawaii Revised Statutes 481B-21
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Mark: includes "trademarks" "trade names" and "service marks" as defined in [section] 481A-2. See Hawaii Revised Statutes 481B-21
  • Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Hawaii Revised Statutes 481B-21
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) In any civil action brought under this part, if the court finds a violation of § 481B-22, the court may award:

(1) Injunctive relief, including the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark;
(2) Equitable relief;
(3) Compensatory damages;
(4) Punitive damages;
(5) Costs of the action; and
(6) Reasonable attorney’s fees.
(c) A claimant who files suit under this part, prior to the commencement of trial, may elect to recover, instead of compensatory and punitive damages, an award of statutory damages in an amount of not less than $1,000 or threefold damages by the claimant sustained, whichever sum is the greater, and reasonable attorney’s fees together with the costs of the suit.