548.114 Remedies. 1. The 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 and any courtmay grant injunctions to restrain such manufacture, use, display, or sale as the court deemsjust and reasonable, and may require the defendants to pay to such owner all profits derivedfrom or all damages suffered by reason of such wrongful manufacture, use, display, or sale.The court may also order that any counterfeits or imitations in the possession or under thecontrol of a defendant be delivered to an officer of the court, or to the complainant, to bedestroyed. The court, in its discretion, may enter judgment for an amount not to exceed threetimes such profits and damages and reasonable attorney fees of the prevailing party in caseswhere the court finds the other party committed such wrongful acts with knowledge or in badfaith or otherwise as according to the circumstances of the case. 2. The enumeration of any right or remedy in this section shall not affect a registrant’s right to prosecute under any penal law of this state. therwise as according to the circumstances of the case. 2. The enumeration of any right or remedy in this section shall not affect a registrant’s right to prosecute under any penal law of this state. [C97, §5050, 5051; C24, 27, 31, 35, 39, §9871 – 9873, 9875; C46, 50, 54, 58, 62, 66, §548.7 – 548.9, 548.11; C71, 73, 75, 77, 79, 81, §548.11] 94 Acts, ch 1090, §14C95, §548.1142019 Acts, ch 24, §104Referred to in §548.112 Sat Dec 23 01:47:55 2023 Iowa Code 2024, Section 548.114 (18, 0)
Iowa Legal Code