Skip to main content
Find a Lawyer

Utah Code Title 70. Trademarks and Trade Names § 70-3a-404. Remedies

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

(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:

(a) require the defendants to pay the owner:

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

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

(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:

(i) an officer of the court; or

(ii) the complainant; or

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

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

(a) in an action where the court finds:

(i) the other party committed the wrongful act:

(A) with knowledge;

(B) in bad faith; or

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

(b) in an amount not to exceed:

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

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

(4) The enumeration of any right or remedy in this section does not affect a registrant's right to prosecute under any penal law of this state.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Utah Code Title 70. Trademarks and Trade Names § 70-3a-404. Remedies - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-70-trademarks-and-trade-names/ut-code-sect-70-3a-404/

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.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard