What remedies are available in a trademark infringement lawsuit?

In a trademark infringement lawsuit in California, the remedies available to the plaintiff are typically damages and an injunction. Damages are a form of monetary compensation for losses due to the infringement. This can include actual economic losses or losses of potential profits. It can also include punitive damages, which are meant to punish the defendant and prevent similar conduct in the future. An injunction is a court order that forces the defendant to stop the infringing use of the trademark and refrain from using it in the future. Injunctions are meant to protect the trademark holder’s ownership of the mark and prevent further damage. The plaintiff can also request constructive trust and accounting of profits if the defendant has benefited economically from the infringement. In constructive trust, the defendant must return to the plaintiff any profits that were made from infringing use of the trademark. Accounting of profits requires the defendant to provide a full record of its profits from use of the trademark.

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