What Remedies are Available if my Trademark has been Infringed?

If you discover that another party is infringing on your trademark , it is essential that you seek legal help as soon as possible. There are numerous remedies available to trademark owners when their mark is infringed upon. Federal statutes known as the Trademark Counterfeiting Act of 1984 provide remedies to owners of federally registered trademarks. Other remedies may be available under the applicable state’s common law also.

• Monetary damages . The owner of a registered mark can seek to recover actual damages, profits that were lost as a result of the infringement, obtain an accounting of the profits gained by the infringer, and if the infringement was willful, triple damages can be requested. If the infringement is determined to have been willful, the infringer’s profits may be recovered in addition to triple actual damages.
• Equitable relief . The court can issue an injunction which requires the infringer to start doing something or to stop doing it. A preliminary injunction is often ordered in the beginning of the lawsuit to prevent the parties from doing the act that is in dispute. The owner of the trademark must show there is a probability of success in the case and permanent injury may occur if the preliminary injunction is not granted. For example, the infringer will be ordered to stop using the trademark until the court can hear the evidence regarding the dispute. A permanent injunction will be ordered by the court after the evidence has been heard and it determines whether the infringer must stop doing a certain act or start taking certain actions.
• Seizure of counterfeit goods . The owner of the trademark may be granted an order permitting it to seize the counterfeit goods and the business records of the infringer.
• Recovery of costs . A trademark owner may recover the reasonable costs incurred in protecting its mark. In cases of willful infringement, the owner of the mark may also recover attorney’s fees.