What remedies may a successful plaintiff obtain in a trademark infringement case?
The most common form of relief granted to a successful plaintiff in a trademark infringement lawsuit is an injunction against further infringement. If the infringed mark was federally registered, attorneys fees would also be available to a successful plaintiff.
What can the plaintiff recover in damages for infringement of his trademark?
A successful plaintiff can typically recover such actual damages by showing that the defendant’s infringement caused actual consumer confusion and that the plaintiff suffered some sort of economic loss (usually by proving lost profits, a loss of goodwill, or remedial advertising costs).
What are the two common legal defenses to trademark infringement claims?
The most common defenses in trademark infringement, unfair competition and trademark dilution suits include descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the registration, and application of the First Amendment.
What is the difference between trademark infringement and trademark dilution?
If someone uses your trademark without your permission, it is called trademark infringement. … If a trademark becomes famous, like Nike or Xerox, the owner can also sue for trademark “dilution.” Dilution happens when a trademark’s distinctive quality is blurred or tarnished by another mark.
How do you win a trademark infringement lawsuit?
What are my options to respond to the suit?
- Challenging the claimed trademark;
- Denying that the trademark owner has proved infringement;
- Asserting a defense to the alleged infringement; and/or.
- Negotiating a settlement of the lawsuit by, for example, agreeing to take certain actions to avoid likelihood of confusion.
What is trademark dilution and give an example?
For example, a famous trademark used by one company to refer to hair care products might be diluted if another company began using a similar mark to refer to breakfast cereals or spark plugs. Dilution is a basis of trademark infringement that applies only to famous marks.
What is an example of a trademark infringement?
One common example of trademark infringement is where clothing manufacturers attach brand labels to generic items, attempting to have them “pass off” as authentic. Trademark infringement violations are very serious and are often involve aspects of deceptive trade practices.
What is the punishment for trademark infringement?
The most common penalty for trademark infringement is an injunction or a cease and desist letter directing the infringer to stop using the trademarked material. It’s also possible for criminal or civil penalties to result from an intentional violation of trademark law, although this is rare.
How do you prove damages in trademark infringement?
Additional ways to establish actual damages, include: (a) Lost profits that the successful Plaintiff would have realized “but for” the infringement. The Plaintiff must show that certain revenue amounts would have been realized, but for the Defendant’s infringement.
Can I sue for trademark infringement?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.