Tex. Bus. & Com. Code § 16.104 · Subchapter C. ENFORCEMENT
REMEDIES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
(c) If the court finds that the violator committed the wrongful acts with knowledge of the registrant's mark or in bad faith, or otherwise as according to the circumstances of the case, the court, in the court's discretion, may:
(1) enter judgment in an amount not to exceed three times the amount of profits and damages; and
(2) award reasonable attorney's fees to the prevailing party.
Notes and commentary — not statutory text
History
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.16.htm
- Text hash
- sha256 a29389f2f531c8436e60b73d39620c69daf824296a65060383205456fb96b5aa
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.