eLaws | eCases | Oklahoma Administrative Code | Oklahoma Courts | Counties & Cities of Oklahoma | United States Code |
 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 78. TRADE MARKS AND LABELS

  § 78-54. Remedies.  

Latest version.

  • A.  Any person damaged or likely to be damaged by a deceptive trade practice of another may maintain an action in any court of equitable jurisdiction to prevent, restrain or enjoin such deceptive trade practice.  Proof of actual monetary damages, loss of profits or intent shall not be required.  If in such action damages are alleged and proved, the plaintiff, in addition to injunctive relief, shall be entitled to recover from the defendant the actual damages sustained by the person.

    B.  With respect to the deceptive trade practices described in paragraphs 13 and 14 of subsection A of Section 53 of this title, the Attorney General or a district attorney of this state is authorized to bring actions seeking the following relief:

    1.  Injunctions directed against persons engaged in such deceptive trade practices;

    2.  Recovery of the money unlawfully received from aggrieved consumers by persons engaged in the deceptive trade practices to be held in escrow for distribution to the aggrieved consumers; and

    3.  Recovery by the state of the reasonable expenses incurred in the investigation of the deceptive trade practices.

    C.  In any action instituted under the provisions of this act, the court may, in its discretion, award reasonable attorneys' fees to the prevailing party.  If in any such action the court finds either (1) that the defendant has willfully engaged in a deceptive trade practice or (2) that the plaintiff has acted in bad faith in instituting the action, the court shall award reasonable attorneys' fees to the prevailing party.

    D.  The relief provided for in this section is in addition to and not in exclusion of remedies otherwise available against the same conduct pursuant to the common law or other statutes of this state.

    E.  Any duly organized and existing trade association, whether incorporated or not, is hereby authorized to institute and prosecute a suit or suits for injunctive relief hereunder as the real party in interest, for or on behalf of one or more of its members, when a deceptive trade practice directly or indirectly affects or threatens to affect or injure such member or members.

Added by Laws 1965, c. 234, § 4.  Amended by Laws 1998, c. 162, § 3, eff. July 1, 1998.