(Damages for alleged patent infringement, misappropriation of trade secrets, and breach of contract.) 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.
335 F.3d 633, 638 (7th Cir. Trademark law protects a trademark owner's exclusive right to use a trademark when use of the mark by another would be likely to cause consumer confusion as to the source or origin of goods.
Trademark infringement remedies include common awards such as an injunction, damages, willful or punitive damages, and attorney’s fees. Now, the Supreme Court has clarified that there is no such requirement for profit-based damages in a trademark infringement suit. 5:16-cv-03260-BLF. Trademark Infringement and Damages. Overview. Case No. Expert Report, December 7, 2018. Case No. Deposition, January 24, 2019. There, the plaintiff filed suit asserting claims of trademark infringement and unfair competition under the Lanham Act and Illinois state law. : 18-1233 Focus: Trademark Infringement – Damages When it comes to remedies for trademark infringement, the Lanham Act authorizes many. When trademark infringement occurs, a trademark owner may file a lawsuit against the infringing user of the same or similar mark to prevent further use of the mark. Civil remedies for trademark infringement include injunctions, damages or account of profits, and delivery up and disposal of offending products. Not all of these remedies, however, are available in every case.
United States District Court, Northern District of California. The High Court agreed with our assertions. Additionally, filing a trademark infringement lawsuit may not be the best option in certain situations. US Supreme Court Ruling on Damages for Trademark Infringement Last month, the US Supreme Court unanimously ruled in Romag Fasteners v. Fossil Group that a party whose trademark has been infringed does not have to prove that the infringement was willful in order to obtain an award of the infringer’s ill-gotten profits. As a result, trademark owners, particularly those in circuits that previously imposed such a requirement, will likely have a stronger footing to obtain profits in trademark infringement suits, thereby incentivizing plaintiffs to file suit.
Columbia 300, Inc., the Seventh Circuit held that ordinary negligence will not support an award of punitive damages in an action for trademark infringement. Trademark law is a federal issue, and as such, the Lanham Act is the federal statute which governs trademarks. Hence, the user principle applied. The High Court agreed with our assertions.