Effective 28 Aug 1995

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

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

(1998) Federal trademark registration is a defense to state antidilution statute, but does not preempt the field. Viacom Inc. v. Ingram Enterprises, Inc., 141 F.3d 886 (8th Cir.).