What is trademark infringement? What are the remedies?
Posted: Jan 04, 2018
There is a lot of saying about trademark but in the form of a word, it is simply a symbol. It is a label or a device that is applied to articles of commerce. A trademark guarantees of its unchanged quality and identifies the product of its origin. A trademark distinguishes a very product from the others by unique advertisements. In other words, a trademark is a phrase, design, word, symbol or a combination of symbols, phrases, designs or words that are used in the trade to identify and to separate the source of the services or products of one enterprise from others to maintain anti-counterfeiting. Let’s focus on some of the highlighted points given below to know in details about the remedies of trademark infringement.
The remedies of trademark infringement engage plenty of factors that include damages, profits, loss, and even attorney’s fees.
Injunctive relief: injunction is considered as one of the standard remedies in the case of trademark infringement. Injunctive relief from the court can involve an injunction against the use of the mark, geographic constraints, channels of trade constraints. There are many other variations that need to be taken into account. While evaluating the requirement for an injunction the factors that are valued as followed: 1. The presence of irreparable damages to the plaintiff, 2. Public interest, 3. Whether the court grants or denies the respective hardship will happen each party.
Monetary recovery: Courts also possess the power to award profits, damages, and costs. If a plaintiff has reduced sales or the business reputation has damaged recovery is possible. Yes, certainly. There are chances that you can recover the damages though you may find it difficult to prove especially when you are explaining the reputation of the business.
Defendant’s profit: In the number of defendant’s profits a plaintiff is allowed to recover an amount. The plaintiff only needs to show the evidence of the amount which is connected to the infringement mark in determining the number of defendant’s profits. The defendant requires showing that there are enough amount that should be deducted as the cost of production and any other amount that is nowhere linked with the infringement from the award.
Attorney’s fees: The recovery of attorney’s fee are allowed by the Lanham Act only in ‘exceptional cases’. The courts are divided to how a plaintiff can satisfy the standard and what is considered an exceptional case.
The remedies for trade infringement have been given above. For details contact Moroccan Law Firms.
For more information about Trademark Infringement
Plz visit: http://www.abeis.ma/
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