{"data":{"id":"us-ut/utah-code-70-3a-404","jurisdiction":"us-ut","citation":"Utah Code § 70-3a-404","heading":"Remedies.","body":"(1)\n(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.\n(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.\n(2) A court may:\n(a) require the defendants to pay the owner:\n(i) all profits derived from the wrongful manufacture, use, display, or sale of a registered mark; or\n(ii) all damages suffered because of the wrongful manufacture, use, display, or sale of a registered mark;\n(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:\n(i) an officer of the court; or\n(ii) the complainant; or\n(c) take a combination of the actions described in Subsections (2)(a) and (b).\n(3) A court may enter judgment for the prevailing party:\n(a) in an action where the court finds:\n(i) the other party committed the wrongful act:\n(A) with knowledge;\n(B) in bad faith; or\n(ii) as according to the circumstances of the case; and\n(b) in an amount not to exceed:\n(i) three times the profits and damages of the prevailing party; and\n(ii) the reasonable attorneys fees of the prevailing party.\n(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.","path":["Title 70 Trademarks and Trade Names","Chapter 70-3a Registration and Protection of Trademarks and Service Marks Act","Part 70-3a-4 Violations and Remedies"],"source_url":"https://le.utah.gov/xcode/Title70/Chapter3a/70-3a-S404.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"78883dd3efdec8cf182b04dcda56c45bcd0141e166aed86933c3a12b3d9ad195","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-70-3a-403","next":"us-ut/utah-code-70-3a-405"},"notice":"GroundRules: Original legal text. Not legal advice."}