(1) Any owner of a mark registered under this chapter may proceed in a civil action to obtain any remedy or combination of remedies provided in this section against any person who engages in the manufacture, use, display or sale of any counterfeits or imitations of the mark. 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 shall require the defendant to pay to the owner the greater of $10,000 or the sum of:
(a) An amount not to exceed three times the profits derived by the defendant from the wrongful manufacture, use, display or sale; and
(b) An amount not to exceed three times all damages suffered by the owner because of the wrongful manufacture, use, display or sale.
(2) If the court under this section determines that a mark is counterfeit:
(a) The court may order the destruction of all such counterfeit marks, all means of making the marks and all goods, articles or other matter bearing the marks that are in the possession or control of the court or any party to the action; or
(b) Upon consent of the owner of the mark, the court may dispose of the materials after the counterfeit mark is obliterated, if obliteration does not destroy the materials bearing the mark, by ordering their transfer to any governmental entity, the owner of the mark, a charitable organization or any appropriate private person other than the person from whom the materials were obtained.
(3) The court under this section also may order seizure of the counterfeit goods in the manner provided in ORS 647.111. [1961 c.497 §12; 1965 c.511 §11; 1985 c.566 §2]
Section: Previous 647.070 647.075 647.080 647.085 647.090 647.095 647.100 647.105 647.107 647.110 647.111 647.115 647.120 647.125 647.130 NextLast modified: August 7, 2008