West Virginia Code § 47-2-14

Remedies
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(a) Any owner of a mark registered under this article 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 said court deemed just and reasonable, and may require the
defendants to pay to such owner all profits derived from and/or all damagese 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 rcontrol 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 for an amount not to exceed
three times such profits and damages and/or reasonable attorneys' fees of the registrant in
such cases where the court finds the other party committed tsuch wrongful acts with
knowledge or in bad faith or otherwise as according to the circumstances of the case.
(b) 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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