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HF 1116

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2013 01:50pm

KEY: stricken = removed, old language. underscored = added, new language.


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Introduction Pdf Posted on 03/04/2013

Current Version - as introduced

1.1A bill for an act
1.2relating to trademarks; defining trademark bullying; modifying remedies;
1.3amending Minnesota Statutes 2012, sections 333.18, by adding a subdivision;
1.4333.29, subdivision 1.

1.6    Section 1. Minnesota Statutes 2012, section 333.18, is amended by adding a
1.7subdivision to read:
1.8    Subd. 9. Trademark bullying. "Trademark bullying" as used in sections 333.18
1.9to 333.31 means the practice of a trademark holder using litigation tactics in an attempt
1.10to enforce trademark rights beyond a reasonable interpretation of the scope of the rights
1.11granted to the trademark holder.

1.12    Sec. 2. Minnesota Statutes 2012, section 333.29, subdivision 1, is amended to read:
1.13    Subdivision 1. Injunctive relief; money judgment. An owner of a mark registered
1.14under sections 333.18 to 333.31 may bring an action to enjoin the manufacture, use,
1.15display, or sale of any counterfeits or imitations of the mark, and a court of competent
1.16jurisdiction may grant injunctions to restrain the manufacture, use, display, or sale as
1.17the court considers just and reasonable. The court may require the defendants to pay
1.18to the owner either or both of the following: (1) all profits derived from the wrongful
1.19manufacture, use, display, or sale; or (2) all damages suffered by reason of the wrongful
1.20manufacture, use, display, or sale. The court may also order that counterfeits or imitations
1.21in the possession or under the control of a defendant be delivered to an officer of the court,
1.22or to the complainant, to be destroyed. The court, in its discretion, may enter judgment for
1.23an amount not to exceed three times the profits and damages and reasonable attorneys'
2.1fees of the prevailing party if the court finds the other party committed the wrongful acts
2.2with knowledge or in bad faith or otherwise as according to the circumstances of the case.
2.3The court in exceptional cases may also award reasonable attorney fees to the
2.4prevailing party. Exceptional cases include cases where a party brings suit for harassment,
2.5malicious, fraudulent, or willful purposes, including trademark bullying.

2.7Section 1 and 2 are effective August 1, 2013, and apply to actions arising from
2.8incidents occurring on or after that date.

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