(1) Every person, association or union adopting or using a label, trademark, term, design, device or form of advertisement as provided in ORS 661.210, 661.220, 661.230 and 661.240, may proceed by suit for damages to enjoin the manufacture, use, display or sale of any counterfeits thereof.
(2) All courts of competent jurisdiction shall grant injunctions to restrain such manufacture, use, display or sale, and award the complainant in any such suit damages resulting from such manufacture, use, sale or display as the court deems just and reasonable, and shall require the defendants to pay to such person, association or union all profits derived from such wrongful manufacture, use, display or sale.
(3) The court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such cause be delivered to an officer of the court, or to the complainant, to be destroyed.
Section: Previous 661.010 661.020 661.030 661.040 661.210 661.220 661.230 661.240 661.245 661.250 661.260 661.270 661.280 661.990 NextLast modified: August 7, 2008