Section 45.50.180. Remedies.

   (a) A registrant may enjoin the manufacture, use, display, or sale of a counterfeit or imitation of the registrant's mark.
   (b) The court may grant an injunction to restrain the manufacture, use, display, or sale, and may require the defendant to pay to the registrant either the profits derived from or the damages suffered by reason of the wrongful manufacture, use, display, or sale, or both. The court may also order that the counterfeit or imitation in the possession or under the control of a defendant be delivered to an officer of the court, or to the complainant, to be destroyed. The court may also enter judgment for punitive damages in an amount not to exceed three times the profits and damages.
   (c)   [Repealed, Sec. 29 ch 132 SLA 1996]. 
   (d) A registrant that owns a mark that is famous in the state is entitled to an injunction against another's dilution of the mark. If the user of the famous mark wilfully intended to trade on the registrant's reputation or to cause dilution of the mark, the registrant is also entitled to remedies set out in (b) of this section. In determining whether a mark is famous, a court may consider any factor, including the
        (1) degree of inherent or acquired distinctiveness of the mark in the state;
        (2) duration and extent of use of the mark in connection with the goods and services;
        (3) duration and extent of advertising and publicity of the mark in the state;
        (4) geographical extent of the trading area in which the mark is used;
        (5) channels of trade for the goods or services with which the mark is used;
        (6) degree of recognition in the state of the mark in the registrant's trading area and channel of trade, and in the user's trading area and channel of trade; and
        (7) nature and extent of use of the same or similar mark by other persons.
   (e) For purposes of (d) of this section, "dilution" means the use of a word, symbol, or device, or a combination of one or more of these, in a manner that deprives or reduces the distinctiveness of a mark.

Authorities

45.50.170

Notes

References

AS 45.50.170 Infringement.

History

(Sec. 12 ch 84 SLA 1961; am Sec. 24 - 26, 29 ch 132 SLA 1996)