(a) Enjoin the manufacture, use, display or sale of any counterfeits of the label, trademark, term, design, device or form of advertisement; or
(b) Enjoin another person from using or displaying a genuine label, trademark, term, design, device or form of advertisement in a manner that the person that adopted the label, trademark, term, design, device or form of advertisement does not authorize.
(2) A court of competent jurisdiction may grant an injunction to restrain any person from manufacturing, using, displaying or selling a counterfeit described in subsection (1) of this section or from using or displaying a genuine label, trademark, term, design, device or form of advertisement without authorization. The court may award the plaintiff in the action damages as the court deems just and reasonable for any injury that results from manufacturing, using, displaying or selling the counterfeits described in subsection (1) of this section or from using or displaying a genuine label, trademark, term, design, device or form of advertisement without authorization. The court shall require the defendants to pay to the plaintiff all profits derived from manufacturing, using, displaying or selling the counterfeits described in subsection (1) of this section or from using or displaying the label, trademark, term, design, device or form of advertisement without authorization.
(3) The court shall also order that counterfeits that a defendant possesses or controls be delivered to an officer of the court, or to the complainant, to be destroyed. [Amended by 2015 c.277 ยง11]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 661 - Organized Labor; Union Labels
Section 661.020 - Labor not a commodity; employment rights are personal.
Section 661.045 - Policy; union security agreements.
Section 661.210 - Counterfeiting of union label and possession or sale thereof prohibited.
Section 661.220 - Unauthorized use of label, name or seal of union prohibited.
Section 661.230 - Registration of union label; actions to compel or cancel registration.
Section 661.260 - Liability for false or fraudulent application; criminal penalties.