Damages and Monetary Relief

One possible remedy to a case of trademark infringement is monetary relief. This means awarding profits, costs, and damages to the party that was infringed. This is not a common form of relief as injunctions are generally found to be sufficient. The sum that is awarded can be based on damages, profits, attorney fees, costs, punitive damages, and compensation for corrective advertising. The profits of the defendant are generally only awarded if the infringement was found to be intentional. Damages are also generally awarded if there was intent to deceive or actual confusion. If the infringement case involved counterfeiting, then there will be statutory damages as well. Parties found to have contributed to such counterfeiting infringement may also face statutory damages. Punitive damages are recoverable through state laws and vary depending on the state. Attorney fees are generally only awarded if the infringement was exceptional such as willful or deliberate infringement. As you consider entering trademark litigation it is important to know what you are fighting for other than your trademark rights.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.