59-21-41 - Duplication of boat hulls and parts by direct molding process.
§ 59-21-41. Duplication of boat hulls and parts by direct molding process.
(1) As used in this section:
(a) "Direct molding process" means any process in which the original manufactured boat hull or component part of a boat is itself used as a plug for the making of the mold, which is then used to manufacture a duplicate item.
(b) "Mold" means a matrix or form in which a substance or material is shaped.
(c) "Plug" means a device or model used to make a mold for the purpose of exact duplication.
(2) It is unlawful for any person to use the direct molding process to duplicate for the purpose of sale any manufactured boat hull or component part of a boat made by another without the written permission of that other person.
(3) The provisions of this section shall apply only to boat hulls or component parts of boats duplicated using a mold made on or after the effective date of this section.
(4) Any person who suffers injury or damage as the result of a violation of the provisions of this section may bring an action in the chancery court for an injunction prohibiting such violations. In addition, such person shall be entitled to actual damages incurred as a result of such violation, reasonable attorney's fees, and costs.
Sources: Laws, 1985, ch. 355, eff from and after passage (approved March 19, 1985).