2021 Oregon Revised Statutes
Chapter 647 - Trademarks and Service Marks; Music Royalties
Section 647.105 - Remedies for infringement.


(a) Grant injunctions to restrain the manufacture, use, display or sale as the court deems just and reasonable;
(b) Require the defendant to pay to the owner all profits the defendant derived and all damages the owner suffered from the manufacture, use, display or sale; and
(c) Order counterfeits or imitations in the defendant’s possession or under the defendant’s control to be delivered to an officer of the court or the owner to be destroyed.
(2) If the court finds that the defendant acted in bad faith, with knowledge or otherwise according to the circumstances of the case, the court in the court’s discretion may enter a judgment in an amount not to exceed three times the sum of the defendant’s profits and the owner’s damages and reasonable attorney fees. If the court finds that the plaintiff acted in bad faith, vexatiously, wantonly or for oppressive reasons, the court in the court’s discretion may award reasonable attorney fees to the defendant. [1961 c.497 §12; 1965 c.511 §11; 1985 c.566 §2; 2009 c.459 §15]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 16 - Trade Practices, Labor and Employment

Chapter 647 - Trademarks and Service Marks; Music Royalties

Section 647.005 - Definitions.

Section 647.015 - Application for registration.

Section 647.017 - When mark is in use; abandonment of mark.

Section 647.024 - Rules for classes of goods and services.

Section 647.029 - Examination of application by Secretary of State; amendment of application; refusal to register mark; priority of concurrent applications.

Section 647.035 - Marks ineligible for registration.

Section 647.045 - Certificate of registration; contents; evidentiary effect.

Section 647.055 - Period of registration; renewal; notice.

Section 647.065 - Assignment; filing with Secretary of State; legal and evidentiary effect; public record of registrations.

Section 647.075 - Cancellation of registrations.

Section 647.085 - Fraudulent registration prohibited; liability; action for damages.

Section 647.095 - Prohibited acts; liability.

Section 647.105 - Remedies for infringement.

Section 647.107 - Grounds for injunctive relief; famous marks.

Section 647.111 - Seizure of counterfeit goods in infringement proceeding; liability for wrongful seizure; undertaking.

Section 647.115 - Effect of chapter on marks or trade names acquired at common law; effect of civil remedies on criminal statutes; intent and construction of chapter.

Section 647.135 - Trademark counterfeiting.

Section 647.140 - Trademark counterfeiting in third degree; penalty.

Section 647.145 - Trademark counterfeiting in second degree; penalty.

Section 647.150 - Trademark counterfeiting in first degree; penalty.

Section 647.155 - Seizure, forfeiture and disposal.

Section 647.700 - Definitions for ORS 647.700 to 647.730.

Section 647.705 - Requirements for performing rights societies.

Section 647.708 - Requirement for performing rights society to have authorization to do business in state.

Section 647.710 - Requirements for contracts for payment of royalties.

Section 647.715 - Prohibited conduct.

Section 647.720 - Action for damages; injunction; fines.

Section 647.725 - Relationship to other laws.

Section 647.728 - Conduct of investigations by performing rights society.

Section 647.730 - Applicability of ORS 647.700 to 647.730.