Full text of Utah Utah Code § 3a-404 — Remedies., with citation guidance and answers to common questions.
§ 3a-404. Remedies.
70-3a-404.
Remedies.
(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.
Section 3a-404 ("Remedies.") is part of the Utah Code, the codified statutory law of Utah. 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 Utah § 3a-404?
A common citation format is "Utah Code § 3a-404" (Utah). 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 Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 3a-404 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
