Texas § BC.16.104 - REMEDIES
Full text of Texas The Texas Constitution § BC.16.104 — REMEDIES, with citation guidance and answers to common questions.
§ BC.16.104. REMEDIES
REMEDIES. (a) An owner of a mark registered under this chapter may bring an action to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of a mark. (b) If the court finds that a wrongful act described by Subsection (a) has been committed, the court shall enjoin the wrongful manufacture, use, display, or sale and may: (1) subject to Subsection (c), require the violator to pay to the owner of the mark all profits derived from or damages resulting from the wrongful acts; and (2) order that the wrongful counterfeits or imitations in the possession or under the control of the defendant be: (A) delivered to an officer of the court to be destroyed; or (B) delivered to the complainant to be destroyed. (c) If the court finds that the violator committed the wrongful acts with knowledge of the registrant's mark or in bad faith, or otherwise as according to the circumstances of the case, the court, in the court's discretion, may: (1) enter judgment in an amount not to exceed three times the amount of profits and damages; and (2) award reasonable attorney's fees to the prevailing party. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141 ), Sec. 1, eff. September 1, 2012.
Frequently Asked Questions About Texas § BC.16.104
What does The Texas Constitution § BC.16.104 cover?
Section BC.16.104 ("REMEDIES") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § BC.16.104?
A common citation format is "The Texas Constitution § BC.16.104" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § BC.16.104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.