1.  A food dispensing establishment whose likeness, registered trademark or intellectual property was used by a food delivery service platform provider in violation of NRS 597.7637 may bring an action against the food delivery service platform provider in any court of competent jurisdiction and may recover the sum of $5,000 or the amount of actual damages sustained, whichever is greater.

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Terms Used In Nevada Revised Statutes 597.7638

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • 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.

2.  If the food dispensing establishment prevails in the action, the court may award such punitive damages and equitable relief as the court determines to be proper.