Utah Code 13-5a-103. Private action for unfair competition
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Terms Used In Utah Code 13-5a-103
- 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 :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- unfair competition: means an intentional business act or practice that:
(4)(a)(i)(4)(a)(i)(A) is unlawful, unfair, or fraudulent; and(4)(a)(i)(B) leads to a material diminution in value of intellectual property; and(4)(a)(ii) is one of the following:(4)(a)(ii)(A) malicious cyber activity;(4)(a)(ii)(B) infringement of a patent, trademark, or trade name;(4)(a)(ii)(C) a software license violation; or(4)(a)(ii)(D) predatory hiring practices. See Utah Code 13-5a-102(1)(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.(1)(b) In an action under this Subsection (1), a person injured by unfair competition may recover:(1)(b)(i) actual damages;(1)(b)(ii) costs and attorney fees; and(1)(b)(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:(2)(a) a depository institution; or(2)(b) an entity that:(2)(b)(i) controls a depository institution;(2)(b)(ii) is controlled by an entity that controls a depository institution; or(2)(b)(iii) is controlled by a depository institution. - unfair competition: means an intentional business act or practice that: