43-44-11. Enjoining unlawful use of emblem of fraternal, historical, military, or labor organization--Right to damages.Any person entitled to the use or benefits of any registered emblem may maintain an action in any court of competent jurisdiction to enjoin the unauthorized use of the same, or any infringement, counterfeit, or imitation thereof; and in such action may have judgment for injunction, damages, including profits acquired by the defendant, and order for destruction of all counterfeits or imitations, according to the rights of such person established in such action. Source: SDC 1939, §51.0907.
South Dakota Legal Code