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Remedies - 54 Pa. Cons. Stat. § 1125Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 1125. Remedies.
(a) General rule.--Any 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 thereof, and
any court of competent jurisdiction may grant injunctions to
restrain such manufacture, use, display or sale as may be by the
court deemed just and reasonable, and may, except as provided in
section 1123 (relating to infringement), require the defendants
to pay to such owner all profits derived from and all damages
suffered by reason of such wrongful manufacture, use, display or
sale, and such 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 court, in its
discretion, may enter judgment for an amount not to exceed three
times such profits and damages and/or reasonable attorney fees
of the prevailing party in such cases where the court finds the
other party committed such wrongful acts with knowledge or in
bad faith or otherwise as according to the circumstances of the
case.
(b) Exception.--No owner of such a mark shall have such
right of injunction against an advertising agency, publisher of
newspapers, magazines or other advertising media accepting
authorization for the reproduction or copy of any such mark
innocently and in good faith in the usual course of business.
(c) Criminal prosecutions unaffected.--The enumeration of
any right or remedy in this chapter shall not affect the right
of a registrant to prosecute under Title 18 (relating to crimes
and offenses).
(June 18, 1998, P.L.518, No.73, eff. 60 days)
Cross References. Section 1125 is referred to in section
1123 of this title.
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Last modified: November 27, 2007 |