Remedies to Trademark Infringement You Should Know
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Remedies for trademark Infringement Injunctions
Judges in civil cases have the right to order injunctions on those that commit trademark infringement. The defendant must follow through with this remedy. The defendants must sign, under oath, the plan of action they will take to remove the infringed trademark from wherever they were using it.
The report detailing the plan to remove the infringed trademark must be completed and returned to the court within thirty days, or any other length of time set by the judge. Those who violate the injunction will be charged with contempt of court. The court also has the right to seize any property relating to the trademark infringement case.
Remedies for Violation of Rights
Remedies for trademark infringement may include lost profits, damages and attorney fees. When a violation of registered trademarks takes place and it is believed to have been an intentional infringement, a judge may award a plaintiff money from the defendant regarding any lost profits resulting from the infringement. If the infringement damaged the public perception of a company because of the actions of the infringing party, monetary damages can be awarded for that action as well.
The cost of court action may be awarded when factoring in the losses of the plaintiff and gains made by the defendant. The monetary value awarded to the plaintiff is typically more than the amount gained by the defendant but cannot exceed three times the sum of all illegally obtained profits. In some cases, the plaintiff is asked to pay some of their own court fees despite winning the suit against the defendant. If a defendant tries to pose as the plaintiff using a counterfeit marking, the sum of all profits shall be multiplied by three and awarded to the plaintiff.
Remedies for Dilution
Anyone that uses a registered trademark in anyway that misleads consumers as to who owns the trademark or who or what it represents can be acted on in a civil trial. The person who has been damaged by the person diluting the trademark will be the plaintiff in a civil trial.
Any products that are imported into the United States are not free from civil action if they dilute a trademark. Injunctions are the most common remedy for dilution or a famous trademark. Monetary damages are usually not awarded unless there was intentional harm brought on by a defendant.
NEXT: Trademark Infringement Overview
