70-3a-404. Remedies.
(1) An owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark. A court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display, or sale as may be considered by the court just and reasonable.
(2) A court may: require the defendants to pay the owner: all profits derived from the wrongful manufacture, use, display, or sale of a registered mark; or all damages suffered because of the wrongful manufacture, use, display, or sale of a registered mark; order that any counterfeits or imitations of a registered mark in the possession or under the control of any defendant in an action be delivered to the following to be destroyed: an officer of the court; or the complainant; or take a combination of the actions described in Subsectionsand. (2)(a) (b)
(3) A court may enter judgment for the prevailing party: in an action where the court finds: the other party committed the wrongful act: with knowledge; in bad faith; or as according to the circumstances of the case; and in an amount not to exceed: three times the profits and damages of the prevailing party; and the reasonable attorneys fees of the prevailing party.
(4) The enumeration of any right or remedy in this section does not affect a registrant's right to prosecute under any penal law of this state.