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Current as of January 01, 2023 | Updated by Findlaw Staff
(1) A person, association or union that adopts or uses a label, trademark, term, design, device or form of advertisement as provided in ORS 661.210 may bring an action to:
(a) Enjoin the manufacture, use, display or sale of any counterfeits of the label, trademark, term, design, device or form of advertisement; or
(b) Enjoin another person from using or displaying a genuine label, trademark, term, design, device or form of advertisement in a manner that the person that adopted the label, trademark, term, design, device or form of advertisement does not authorize.
(2) A court of competent jurisdiction may grant an injunction to restrain any person from manufacturing, using, displaying or selling a counterfeit described in subsection (1) of this section or from using or displaying a genuine label, trademark, term, design, device or form of advertisement without authorization. The court may award the plaintiff in the action damages as the court deems just and reasonable for any injury that results from manufacturing, using, displaying or selling the counterfeits described in subsection (1) of this section or from using or displaying a genuine label, trademark, term, design, device or form of advertisement without authorization. The court shall require the defendants to pay to the plaintiff all profits derived from manufacturing, using, displaying or selling the counterfeits described in subsection (1) of this section or from using or displaying the label, trademark, term, design, device or form of advertisement without authorization.
(3) The court shall also order that counterfeits that a defendant possesses or controls be delivered to an officer of the court, or to the complainant, to be destroyed.
Cite this article: FindLaw.com - Oregon Revised Statutes Labor and Employment; Unlawful Discrimination § 661.250 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-51-labor-and-employment-unlawful-discrimination/or-rev-st-sect-661-250/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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