44-605. Injunction and damages for infringement. Every such person, association or union adopting or using a label, term, design, device or form of advertisement, other than a trademark or a service mark, as aforesaid, may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and all courts of competent jurisdiction shall grant injunctions to restrain such manufacture, and may award the complainant in any such suit damages resulting from such manufacture, use, sale or display, as may be by the said court deemed just and reasonable, and shall require the defendants to pay to such persons, association or union, all profits derived from such wrongful manufacture, use, display or sale; and such court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such cause be delivered to an officer of the court or to the complainant to be destroyed.
[(44-605) 1897, p. 123, sec. 5; reen. 1899, p. 316, sec. 5; reen. R.C. & C.L., sec. 1453; C.S., sec. 2318; I.C.A., sec. 43-505; am. 1965, ch. 306, sec. 5, p. 818.]