2010 Georgia Code 10-1-373 Case Law
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One Click Case Law for § 10-1-373
O.C.G.A. § 10-1-372 <-- --> O.C.G.A. §10-1-374



2010 Georgia Code

TITLE 10 - COMMERCE AND TRADE

CHAPTER 1 - SELLING AND OTHER TRADE PRACTICES
ARTICLE 15 - DECEPTIVE OR UNFAIR PRACTICES
PART 1 - UNIFORM DECEPTIVE TRADE PRACTICES ACT
§ 10-1-373 - Enjoining deceptive trade practices; costs and attorney's fees; relief cumulative

O.C.G.A. 10-1-373 (2010)
10-1-373. Enjoining deceptive trade practices; costs and attorney's fees; relief cumulative


(a) A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits, or intent to deceive is not required. Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source.

(b) Costs shall be allowed to the prevailing party unless the court otherwise directs. The court, in its discretion, may award attorney's fees to the prevailing party if:

(1) The party complaining of a deceptive trade practice has brought an action which he knew to be groundless; or

(2) The party charged with a deceptive trade practice has willfully engaged in the trade practice knowing it to be deceptive.

(c) The relief provided in this Code section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this state.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com