Terms Used In Utah Code > Title 70 > Chapter 3a > Part 4 - Violations and Remedies

• 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.
• Dilution: means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of:

  (i)	competition between the owner of the famous mark and another person; or

  (ii)

  the likelihood of: (A)  confusion; (B)  mistake; or (C)  deception. See Utah Code 70-3a-103 Division: means the Division of Corporations and Commercial Code within the Department of Commerce. See Utah Code 70-3a-103 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. 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 Person: means :Utah Code 68-3-12.5 Plaintiff: The person who files the complaint in a civil lawsuit. 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 Writing: includes :Utah Code 68-3-12.5