Assembly Bill No. 81–Assemblymen Oceguera, Giunchigliani, Atkinson, Buckley, Claborn, Conklin, Horne and Pierce

 

February 13, 2003

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Referred to Committee on Commerce and Labor

 

SUMMARY—Authorizes award for treble damages, attorney’s fees and costs in certain civil actions relating to marks. (BDR 52‑366)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to marks; authorizing award for treble damages, attorney’s fees and costs in certain civil actions relating to marks; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1.  NRS 600.430 is hereby amended to read as follows:

1-2  600.430  1.  Any owner of a mark registered in this state may

1-3  proceed by suit to enjoin the manufacture, use, display or sale of

1-4  counterfeits or imitations of it and a court of competent jurisdiction

1-5  may grant injunctions to restrain [such] the manufacture, use,

1-6  display or sale as it deems just and reasonable under the

1-7  circumstances, and may require the defendants to pay to the owner

1-8  all profits derived from his wrongful acts and [all] treble damages

1-9  suffered by reason of these acts. The court may also order that any

1-10  counterfeits or imitations in the possession or control of any

1-11  defendant be delivered for destruction to an officer of the court or to

1-12  the complainant.

1-13      2.  In an action brought pursuant to this section, the court

1-14  may award costs and reasonable attorney’s fees to the prevailing

1-15  party.

2-1  3.  The enumeration of any right or remedy in this section does

2-2  not affect a registrant’s right to prosecute under any penal law of

2-3  this state.

 

2-4  H