question.jpgIn Trademarks

What are the remedies for trademark infringement?

In a lawsuit for trademark infringement, the principal remedy that you can seek is an injunction preventing the other party from continuing to use the infringing mark. In some situations, you can also seek monetary relief for damages. The actual damages which you have suffered, such as sales you lost or harm the infringing mark has caused to your reputation and goodwill, are often difficult to prove because you must show that you would not have suffered these losses but for the infringing action. Thus, rather than seeking actual damages, people often seek the profits made by the other party as a result of its use of the infringing mark.

In rare cases, the court can double or treble the ultimate damages award (for example, when the other mark was a counterfeit of your registered mark, you are entitled to treble damages). In addition, in cases where the infringement was malicious, fraudulent, deliberate or willful, you can seek your attorneys’ fees associated with the trademark infringement litigation.

Finally, you can also request that the court order the other party to destroy its infringing materials or deliver them to you.