§482D-10 - Injunctive relief and suits. - Hawaii Statutes

     [§482D-10]  Injunctive relief and suits.  (a)  Any competitor, customer, or competitor of a customer of any person in violation of this chapter, or any subsequent purchaser of an article of merchandise which violates this chapter shall be entitled to injunctive relief restraining further violations and may sue as the real party in interest in any circuit court of the State, and shall recover damages and the cost of suit, including reasonable attorney's fees.

     (b)  If the court determines that the action was brought frivolously, for purposes [of] harassment, or in implementation of any scheme in restraint in trade, it may award court costs, reasonable attorney's fees and any other remedies, including punitive damages, the court deems reasonable.

     (c)  Any defendant against whom a civil action is brought under the provisions of this chapter shall be entitled to recover the cost of defending the suit, including a reasonable attorney's fee, in the event such action is terminated without a finding by the court that such defendant is or has been in violation of this chapter. [L 1990, c 343, pt of §2]

 

Cross References

 

  Vexatious litigants, see chapter 634J.

 

Rules of Court

 

  Injunctions, see HRCP rule 65.