Trademark Violations

August 29, 2011
Trade Mark News and Interesting Facts

Violation of Rights

Trademark infringement could cost you profits and damages and when your registered trademark is violated by an intentional infringement, a judge may award you money regarding any lost profits.

If the infringement damaged the public perception of your trademark, monetary damages can be awarded for that action as well. The cost of court action may also be awarded.

The monetary value awarded to the plaintiff cannot exceed 3 times the sum of all illegally obtained profits.

The plaintiff could be asked to pay their own court fees despite winning.

If a defendant infringed using counterfeit marking, the sum of all profits shall be multiplied by 3 and awarded to the plaintiff.

Dilution

Anyone that uses a registered trademark in anyway that misleads consumers can be acted on in a civil trial.

The person who has been damaged by the infringement of the trademark will be the plaintiff in a civil trial.

Injunctions are the most common remedy for dilution or a famous trademark. Damages are usually not awarded unless there was intentional harm brought on by a defendant.

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