Missouri Revised Statutes













Chapter 417

Trademarks, Names and Private Emblems

←417.056

Section 417.061.1

417.066→

August 28, 2015

Injunctive relief, when--order for payment to owner of mark--destruction of counterfeit marks.

417.061. 1. Likelihood of injury to business reputation or of dilution

of the distinctive quality of a mark registered under sections 417.005 to

417.066, or a mark valid at common law, or a trade name valid at common law,

shall be a ground for injunctive relief notwithstanding the absence of

competition between the parties or the absence of confusion as to the source

of goods or services.



2. Any owner of a mark registered under sections 417.005 to 417.066 may

proceed by suit to enjoin the manufacturer, use, display or sale of any

counterfeits or imitations thereof and any court of competent jurisdiction

may grant injunctions to restrain such manufacture, use, display or sale as

may be by the said court deemed just and reasonable, and may require the

defendants to pay to such owner all profits derived from or damages suffered

by reason of such wrongful manufacture, use, display or sale; and such court

may also order that any such counterfeits or imitations in the possession or

under the control of any defendant in such case be delivered to an officer of

the court, or to the complainant, to be destroyed. The court, in its

discretion, may enter judgment in such cases where the court finds that a

party committed such wrongful acts with knowledge or in bad faith or

otherwise as according to the circumstances of the case.



3. The enumeration of any right or remedy herein shall not affect a

registrant's right to prosecute under any penal law of this state.



(L. 1973 H.B. 281 §§ 12, 13, A.L. 1995 S.B. 80 & 88)







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