306.900. Direct molding process--use of to duplicate hulls prohibited, when--damages and injunctive relief, when.
Direct molding process--use of to duplicate hulls prohibited,when--damages and injunctive relief, when.
306.900. 1. As used in this section, the following termsmean:
(1) "Direct molding process", any direct molding process inwhich the original manufactured vessel hull or component part ofa vessel is itself used as a plug for the making of the mold,which is then used to manufacture a duplicate item;
(2) "Mold", a matrix or form in which a substance ormaterial is shaped;
(3) "Person", any individual, partnership, corporation, firmor association;
(4) "Plug", a device or model used to make a mold for thepurpose of exact duplication.
2. (1) No person shall use the direct molding process toduplicate for the purpose of sale any manufactured vessel hull orcomponent part of a vessel made by another person without thewritten permission of that other person.
(2) No person shall knowingly sell a vessel hull orcomponent part of a vessel duplicated in violation of subdivision(1) of this subsection.
3. (1) Any person injured in his business by virtue of anyviolation of subsection 2 may sue and shall recover threefold thedamages incurred by virtue of such violation and the costs ofsuit and reasonable attorney's fees.
(2) Any person injured in his business by virtue of anyviolation of subsection 2 may sue for injunctive relief andinjunctive relief may be granted regardless of the failure of theplaintiff to show irreparable injury.
(L. 1985 H.B. 280, et al. § 3)Effective 4-1-86