Montana Code Annotated
Part 3. Trademarks
30-13-335. Remedies

30-13-335. Remedies. (1) An owner of a mark registered under this part may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark. Any court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display, or sale as is considered by the court to be just and reasonable. The court may require the defendants to pay to the owner all profits derived from and all damages suffered by reason of the wrongful manufacture, use, display, or sale. The court may also order that any counterfeits or imitations in the possession or under the control of any defendant in the case be delivered to an officer of the court or to the complainant to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three times the profits and damages and reasonable attorney fees of the prevailing party in cases in which the court finds that the other party committed the wrongful acts with knowledge, in bad faith, or otherwise as according to the circumstances of the case.
(2) The enumeration in this part of any right or remedy does not affect a registrant's right to prosecute under any criminal law of this state.
History: En. Sec. 16, Ch. 429, L. 1979; amd. Sec. 14, Ch. 257, L. 2003.

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