ORS 661.250
Actions to enjoin counterfeits or unauthorized use of label

  • injunction
  • damages
  • destruction of counterfeits

(1)

A person, association or union that adopts or uses a label, trademark, term, design, device or form of advertisement as provided in ORS 661.210 (Counterfeiting of union label and possession or sale thereof prohibited) may bring an action to:

(a)

Enjoin the manufacture, use, display or sale of any counterfeits of the label, trademark, term, design, device or form of advertisement; or

(b)

Enjoin another person from using or displaying a genuine label, trademark, term, design, device or form of advertisement in a manner that the person that adopted the label, trademark, term, design, device or form of advertisement does not authorize.

(2)

A court of competent jurisdiction may grant an injunction to restrain any person from manufacturing, using, displaying or selling a counterfeit described in subsection (1) of this section or from using or displaying a genuine label, trademark, term, design, device or form of advertisement without authorization. The court may award the plaintiff in the action damages as the court deems just and reasonable for any injury that results from manufacturing, using, displaying or selling the counterfeits described in subsection (1) of this section or from using or displaying a genuine label, trademark, term, design, device or form of advertisement without authorization. The court shall require the defendants to pay to the plaintiff all profits derived from manufacturing, using, displaying or selling the counterfeits described in subsection (1) of this section or from using or displaying the label, trademark, term, design, device or form of advertisement without authorization.

(3)

The court shall also order that counterfeits that a defendant possesses or controls be delivered to an officer of the court, or to the complainant, to be destroyed. [Amended by 2015 c.277 §11]

Source: Section 661.250 — Actions to enjoin counterfeits or unauthorized use of label; injunction; damages; destruction of counterfeits, https://www.­oregonlegislature.­gov/bills_laws/ors/ors661.­html.

Green check means up to date. Up to date

Current through early 2024

§ 661.250’s source at oregon​.gov