(1) The relief that a court may grant in an action under this Subdivision includes an injunction (subject to such terms, if any, as the court thinks fit) and either damages or an account of profits.
(2) If, in an action under this Subdivision, the court is satisfied that it is proper to do so, having regard to:
(a) the flagrancy of the defendant's actions that are the subject of the action; and
(b) any benefit shown to have accrued to the defendant as a result of those acts; and
(c) any other relevant matters;
the court may, in assessing damages, award such additional damages as it considers appropriate in the circumstances.