What remedies are available in a trademark infringement lawsuit?
In Indiana, if a trademark owner believes that their trademark is being infringed upon, they may be able to pursue a lawsuit to protect their rights. In such a lawsuit, the trademark owner may seek a variety of remedies from the court. One of the most common remedies in a trademark infringement lawsuit is an injunction. This is a court order that prevents the infringer from continuing to use the infringing mark. An injunction may also require the infringer to stop selling any items bearing the infringing mark and to publicly apologize for their actions. The trademark owner may also be awarded monetary damages. These are meant to compensate the trademark owner for their losses, such as lost profits, expenses incurred in defending their trademark, and any reputational harm the infringement may have caused. If the infringement was intentional, the court may award punitive damages as a way to punish the infringer and deter future infringement. These damages are meant to be much higher than compensatory or nominal damages, as they are meant to be a significant deterrent. Lastly, in some cases, the infringing party may have to disgorge any profits they made as a result of the infringement. The court may decide to order the infringer to give the trademark owner any money they made from infringing upon the mark. This is meant to make sure that the trademark owner gets the full benefit of any profits that the infringer made.
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