| (1) |
Terms Used In Utah Code 70-3a-404- 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.
- 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.
- Mark: means any trademark or service mark entitled to registration under this chapter whether or not the trademark or service mark is registered. See Utah Code 70-3a-103
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Registrant: means :
| (i) | the person to whom the registration of a mark under this chapter is issued; and |
| (ii) | a legal representative, successor, or assign of a person described in Subsection (1)(f)(i). See Utah Code 70-3a-103- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Utah Code 70-3a-103
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| (a) |
An owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark. |
| (b) |
A court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display, or sale as may be considered by the court just and reasonable. |
| (2) |
A court may:
| (a) |
require the defendants to pay the owner:
| (i) |
all profits derived from the wrongful manufacture, use, display, or sale of a registered mark; or |
| (ii) |
all damages suffered because of the wrongful manufacture, use, display, or sale of a registered mark; |
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| (b) |
order that any counterfeits or imitations of a registered mark in the possession or under the control of any defendant in an action be delivered to the following to be destroyed:
| (i) |
an officer of the court; or |
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| (c) |
take a combination of the actions described in Subsections (2)(a) and (b). |
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| (3) |
A court may enter judgment for the prevailing party:
| (a) |
in an action where the court finds:
| (i) |
the other party committed the wrongful act:
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| (ii) |
as according to the circumstances of the case; and |
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| (b) |
in an amount not to exceed:
| (i) |
three times the profits and damages of the prevailing party; and |
| (ii) |
the reasonable attorneys fees of the prevailing party. |
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| (4) |
The enumeration of any right or remedy in this section does not affect a registrant‘s right to prosecute under any penal law of this state. |
Enacted by Chapter 318, 2002 General Session
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