Subdivision 1. Injunctive relief; money judgment.
An owner of a mark registered under
may bring an action to enjoin the manufacture, use, display, or sale
of any counterfeits or imitations of the mark, and a court of competent jurisdiction may grant
injunctions to restrain the manufacture, use, display, or sale as the court considers just and
reasonable. The court may require the defendants to pay to the owner either or both of the
following: (1) all profits derived from the wrongful manufacture, use, display, or sale; or (2) all
damages suffered by reason of the wrongful manufacture, use, display, or sale. The court may
also order that counterfeits or imitations in the possession or under the control of a defendant
be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its
discretion, may enter judgment for an amount not to exceed three times the profits and damages
and reasonable attorneys' fees of the prevailing party if the court finds the other party committed
the wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances
of the case.
Subd. 2. Other penal law.
The enumeration of any right or remedy herein shall not affect a
registrant's right to prosecute under any penal law of this state.
History: 1959 c 600 s 12; 1998 c 315 s 11