Utah Code 13-5a-103. Private action for unfair competition

(1)

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Depository institution: is a s defined in Section 7-1-103. See Utah Code 13-5a-102
Person: means :Utah Code 68-3-12.5
unfair competition: means an intentional business act or practice that:

(i)

(A)	is unlawful, unfair, or fraudulent; and

(B)	leads to a material diminution in value of intellectual property; and

(ii)

is one of the following:

(A)	malicious cyber activity;

(B)	infringement of a patent, trademark, or trade name;

(C)	a software license violation; or

(D)	predatory hiring practices. See Utah Code 13-5a-102
(a)	Except as provided in Subsection (2), a person injured by unfair competition may bring a private cause of action against a person who engages in unfair competition.

(b)

In an action under this Subsection (1), a person injured by unfair competition may recover:

(i)	actual damages;

(ii)	costs and attorney fees; and

(iii)

if the court determines that the circumstances are appropriate, punitive damages.

(2)

A person may not bring an action described in Subsection (1) against:

(a)	a depository institution; or

(b)

an entity that:

(i)	controls a depository institution;

(ii)	is controlled by an entity that controls a depository institution; or

(iii)

is controlled by a depository institution.

Enacted by Chapter 372, 2004 General Session