Utah Code 70-3a-404. Remedies

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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 :
(1)(f)(i) the person to whom the registration of a mark under this chapter is issued; and
(1)(f)(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

(1)(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.

(1)(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:

(2)(a) require the defendants to pay the owner:

(2)(a)(i) all profits derived from the wrongful manufacture, use, display, or sale of a registered mark; or

(2)(a)(ii) all damages suffered because of the wrongful manufacture, use, display, or sale of a registered mark;

(2)(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:

(2)(b)(i) an officer of the court; or

(2)(b)(ii) the complainant; or

(2)(c) take a combination of the actions described in Subsections (2)(a) and (b).

(3) A court may enter judgment for the prevailing party:

(3)(a) in an action where the court finds:

(3)(a)(i) the other party committed the wrongful act:

(3)(a)(i)(A) with knowledge;

(3)(a)(i)(B) in bad faith; or

(3)(a)(ii) as according to the circumstances of the case; and

(3)(b) in an amount not to exceed:

(3)(b)(i) three times the profits and damages of the prevailing party; and

(3)(b)(ii) the reasonable attorneys fees of the prevailing party.