Any registrant
of a trade name may proceed by suit to enjoin the use, display, or sale of
any counterfeits or imitations thereof, and a court of competent jurisdiction
may restrain such use, display, or sale
on terms which the court deems just and reasonable and may require the defendants
to pay to the registrant (1) all profits attributable
to the wrongful use, display, or sale, (2) all damages caused by
the wrongful use, display, or sale, or (3) both
such profits and damages, and
reasonable attorney's fees. In lieu of the remedies available in subdivisions
(1), (2), and (3) of this section, the court may require the defendants to
pay statutory damages of one thousand dollars and reasonable attorney's
fees. The court may order that any counterfeits or imitations in the possession
or under the control of any defendant be delivered to an officer of the court,
or to the complainant, to be destroyed.
Notes of Decisions
Denali Real Est., LLC v. Denali Custom Builders, Inc., 302 Neb. 984 (Neb. 2019).
· cites it 7× “DRE was entitled to statutory damages, attorney fees, and injunctive relief, and this relief is unaffected by our determination that DRE proved only two of its three causes of action.”
Denali Real Est. v. Denali Custom Builders, 302 Neb. 984 (Neb. 2019).
· cites it 9× “Neb. Rev. Stat. § 87-217 (Reissue 2014) authorizes a registrant of a trade name to proceed by suit to enjoin the use or display of imitations of its trade name.”
White v. Bd. of Regents, 614 N.W.2d 330 (Neb. 2000).
· cites it 2× “Section 87-217 provided that “[a]ny registrant of a trade name” may sue to enjoin its wrongful use by another and recover damages attributable to such use.”
Denali Real Est. v. Denali Custom Builders, 302 Neb. 984 (Neb. 2019).
· cites it 9× “Neb. Rev. Stat. § 87-217 (Reissue 2014) authorizes a registrant of a trade name to proceed by suit to enjoin the use or display of imitations of its trade name.”
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