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—Revises remedies available in certain actions relating to intellectual property. (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 intellectual property; 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]

1-5  2.  A court of competent jurisdiction may [grant] :

1-6  (a) Grant injunctions to restrain such manufacture, use, display

1-7  or sale as it deems just and reasonable under the circumstances [,

1-8  and may require the defendants] ;

1-9  (b) Require the defendant to pay to the owner all profits derived

1-10  from [his] the wrongful acts of the defendant and all damages

1-11  suffered by reason of these acts [. The court may also order] ;

1-12      (c) Require the defendant to pay to the owner treble damages

1-13  on all profits derived from the willful and wrongful acts of the

1-14  defendant and treble damages on all damages suffered by reason

1-15  of these acts; and

2-1  (d) Order that any counterfeits or imitations in the possession or

2-2  control of any defendant be delivered for destruction to an officer of

2-3  the court or to the complainant.

2-4  [2.] 3. In an action brought pursuant to this section, the

2-5  court may award costs and reasonable attorney’s fees to the

2-6  prevailing party.

2-7  4.  The enumeration of any right or remedy in this section does

2-8  not affect a registrant’s right to prosecute under any penal law of

2-9  this state.

 

2-10  H