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      RS 51:300.32     

  

§300.32.  Infringement and remedies

A.  No person shall use, without the consent of the Sewerage and Water Board of New Orleans, any reproduction, counterfeit, copy, or colorable imitation of a mark characterized as the "Crescent Cover Logo" described in R.S. 51:300.31 in connection with the sale, offering for sale, or advertising of any goods or services.

B.  No person shall reproduce, counterfeit, copy, or colorably imitate the "Crescent Cover Logo" of the Sewerage and Water Board of New Orleans or incorporate or apply such reproduction, counterfeit, copy, or colorable imitation to labels, clothing, jewelry, signs, prints, packages, wrappers, receptacles, or other items or advertisements.

C.  Whoever violates the provisions of this Section shall be liable in a civil action by the Sewerage and Water Board of New Orleans for any and all remedies provided in this Section including attorney fees and costs.  Whoever violates the provisions of this Section may be subject to a fine not to exceed five thousand dollars.

D.  The Sewerage and Water Board of New Orleans may proceed by suit to enjoin the unauthorized manufacture, use, display, or sale of any counterfeits or imitations of the "Crescent Cover Logo" of the Sewerage and Water Board of New Orleans, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as may be by such court deemed just and reasonable, and may require the defendants to pay the Sewerage and Water Board of New Orleans all profits derived from and all damages suffered by reason of such wrongful manufacture, use, display, or sale.  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 the complainant, to be destroyed.

E.  The enumeration of any right or remedy herein shall not affect the right of the Sewerage and Water Board of New Orleans to sue, prosecute, or seek prosecution under any other law of this state.

Acts 2007, No. 470, §1, eff. July 11, 2007.



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