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.

Injunctive Relief

If your trademark has or been the subject of infringement, then the outcome of the case may involve injunctive relief. Injunctive relief is a form of remedy that can be granted before or after the trial. If granted before the trial, this preliminary injunction must be for cases likely to prevail and to prevent irreparable harm that outweighs harm to the defendant. An injunction after the trial is permanent and is again granted to prevent damage to the owner of the trademark and to prevent members of the public from being confused. Specifics of the injunction can vary. Sometimes the infringer is allowed to use up any existing stock, other times they may be ordered to destroy items found to be infringement. The injunction will clearly detail what actions it will apply to and will not be any broader than is necessary to prevent such infringement in the future. Injunctions can be modified if there have been changes in law or circumstance, are found to be too extreme, or no longer serve their purpose. Injunctions can also involve recalls, disclaimers, and corrective advertising.

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