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Texas Business & Commerce Code

§ 16.104 — REMEDIES

BC § 16.104Title 2. COMPETITION AND TRADE PRACTICES · Ch. 16. TRADEMARKS · Art. C. ENFORCEMENT

Statute text

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(a)An owner of a mark registered under this chapter may bring an action to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of a mark.
(b)If the court finds that a wrongful act described by Subsection (a) has been committed, the court shall enjoin the wrongful manufacture, use, display, or sale and may:
(1)subject to Subsection (c), require the violator to pay to the owner of the mark all profits derived from or damages resulting from the wrongful acts; and
(2)order that the wrongful counterfeits or imitations in the possession or under the control of the defendant be:
(A)delivered to an officer of the court to be destroyed; or
(B)delivered to the complainant to be destroyed.

Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.

Source: Texas Business & Commerce Code § 16.104 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.