Section 70-3a-404 - Remedies(1)(a) An 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 of the mark.(b) A court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display, or sale as may be considered by the court just and reasonable.(2) A court may: (a) require the defendants to pay the owner: (i) all profits derived from the wrongful manufacture, use, display, or sale of a registered mark; or(ii) all damages suffered because of the wrongful manufacture, use, display, or sale of a registered mark;(b) order that any counterfeits or imitations of a registered mark in the possession or under the control of any defendant in an action be delivered to the following to be destroyed: (i) an officer of the court; or(c) take a combination of the actions described in Subsections (2)(a) and (b).(3) A court may enter judgment for the prevailing party:(a) in an action where the court finds:(i) the other party committed the wrongful act:(ii) as according to the circumstances of the case; and(b) in an amount not to exceed:(i) three times the profits and damages of the prevailing party; and(ii) the reasonable attorneys fees of the prevailing party.(4) The enumeration of any right or remedy in this section does not affect a registrant's right to prosecute under any penal law of this state.Enacted by Chapter 318, 2002 General Session.