37-6-24. Proceedings to enjoin counterfeits or imitations of registered mark--Circuit court jurisdiction--Damages--Destruction of counterfeits or imitations.
Any owner of a mark registered under §37-6-13 may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof. The circuit court may grant injunctions to restrain such manufacture, use, display or sale as may be by the court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale. The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed. The enumeration of any right or remedy in this section shall not affect a registrant's right to prosecute under any penal law of this state.
Source: SDC 1939, §51.0907; SL 1955, ch 232, §12; SDC Supp 1960, §51.0912; SL 1980, ch 264, §17.
Structure South Dakota Codified Laws
Chapter 06 - Trademark And Service Mark Protection
Section 37-6-1 - Definition of terms used in counterfeiting provisions.
Section 37-6-3 - Imitation of trade-mark as misdemeanor--Civil penalty.
Section 37-6-4 - Definition of terms used in mark registration law.
Section 37-6-6 - Mark containing immoral, deceptive or scandalous matter not registrable.
Section 37-6-8 - Mark using or simulating flags or governmental insignia not registrable.
Section 37-6-9 - Mark identified with living persons not registrable except by consent.
Section 37-6-11 - Mark similar to previously used marks not registrable.
Section 37-6-13 - Certificate of registration issued by secretary of state--Contents.
Section 37-6-14 - Term of registration--Renewal.
Section 37-6-16 - Civil liability for damages from fraudulent mark registration.
Section 37-6-18 - Cancellation of registration on request or due to error or fraud.
Section 37-6-19 - Cancellation of registration on court findings.
Section 37-6-20 - Cancellation of registration on court order.
Section 37-6-21 - Cancellation of registrations not renewed.
Section 37-6-22 - Public record of registered marks.
Section 37-6-25 - Civil action against person using counterfeit or imitation of registered mark.
Section 37-6-30 - Obliteration of registered container mark as misdemeanor.
Section 37-6-31 - Nonresidents entitled to protection of containers.
Section 37-6-32 - Civil penalty for unauthorized refilling or trafficking in registered containers.