10 §1531. Remedies
Title 10: COMMERCE AND TRADE
Part 4: TRADEMARKS AND NAMES
Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS HEADING: PL 1991, C. 465, §9 (RPR)
§1531. Remedies
1. Generally. Any 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 and the Superior Court may grant injunctions to restrain the manufacture, use, display or sale as may be by the court deemed just and reasonable and may require the defendants to pay to the owner all profits derived from and all damages suffered by reason of the wrongful manufacture, use, display or sale and the court may also order that any counterfeits or imitations in the possession or under the control of any defendant in the case, be delivered to an officer of the court or to the complainant to be destroyed.
[ 1979, c. 572, §2 (NEW) .]
2. Statutory damages. The owner of the mark may elect, at any time before final judgment is rendered, to recover instead of actual damages or profits an award of statutory damages with respect to any one mark for which any one defendant is liable individually or for which any 2 or more defendants are liable jointly and severally in an amount not to exceed $2,000.
[ 1979, c. 572, §2 (NEW) .]
3. Attorney's fees and costs. The Superior Court shall award the prevailing party costs and, in exceptional cases only, may award the prevailing party reasonable attorney's fees.
[ RR 1991, c. 2, §33 (COR) .]
4. Criminal prosecution. The enumeration of any right or remedy shall not affect a registrant's right to prosecute under any penal law of this State.
[ 1979, c. 572, §2 (NEW) .]
SECTION HISTORY
1979, c. 572, §2 (NEW). RR 1991, c. 2, §33 (COR).