70-3a-402 - Infringement.
70-3a-402. Infringement.
(1) Subject to Section 70-3a-104 and Subsection (2), any person is liable in a civil actionbrought by the registrant for any and all of the remedies provided in Section 70-3a-404, if thatperson:
(a) uses a reproduction, counterfeit, copy, or colorable imitation of a mark registeredunder this chapter:
(i) without the consent of the registrant; and
(ii) in connection with the sale, distribution, offering for sale, or advertising of any goodsor services on or in connection with which that use is likely to cause confusion, mistake, or todeceive as to the source of origin, nature, or quality of those goods or services; or
(b) reproduces, counterfeits, copies, or colorably imitates any mark and applies thereproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers,receptacles, or advertisements intended to be used upon or in connection with the sale or otherdistribution in this state of goods or services.
(2) Under Subsection (1)(b), the registrant is not entitled to recover profits or damagesunless the act described in Subsection (1)(b) has been committed with the intent:
(a) to cause confusion or mistake; or
(b) to deceive.
(3) In a civil action for a violation of Section 70-3a-309:
(a) the plaintiff may recover court costs and reasonable attorney fees; and
(b) the plaintiff may elect, at any time before final judgment is entered by the districtcourt, to recover, instead of actual damages and profits, an award of statutory damages in theamount of not less than $1,000 and not more than $100,000 per domain name, as the courtconsiders just.
(4) Statutory damages awarded under Subsection (3)(b) are presumed to be $100,000 perdomain name if there is a pattern and practice of infringements committed willfully forcommercial gain.
Amended by Chapter 200, 2010 General Session