(765 ILCS 1036/70)
Sec. 70.
Remedies.
Any owner of a mark registered under this Act may proceed by
suit to enjoin the manufacture, 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 court deemed just and
reasonable, and may require the defendants to pay to such owner all
profits derived from or all damages suffered by reason of such
wrongful manufacture, use, display, or sale or both; and the court may also
order that any such counterfeits or imitations in the possession or
under the control of any defendant in the case be delivered to an
officer of the court, or to the complainant, to be destroyed. The
court in its discretion, may enter judgment for an amount not to
exceed 3 times the profits and damages or reasonable
attorneys' fees of the prevailing party, or both, in those cases in which the
court finds the other party committed the wrongful acts with
knowledge or in bad faith or otherwise as according to the
circumstances of the case.
The enumeration of any right or remedy in this Act shall not affect
a registrant's right to prosecute under any penal law of this
State.
(Source: P.A. 90-231, eff. 1-1-98.)
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