What remedies are available in a trademark infringement lawsuit?
In a trademark infringement lawsuit, the remedies that may be available depend on the facts of the case. Generally, a plaintiff in a trademark infringement lawsuit may be able to recover money damages, including lost profits, compensatory damages, punitive damages, and/or attorney’s fees. The court may also issue an injunction requiring the defendant to stop using the infringing mark. An injunction may include an order to modify or destroy any materials containing the infringing trademark. Injunctions can also include an accounting of profits from the infringing activity that must be paid to the plaintiff. Additionally, the court may order the destruction or modification of any goods or materials bearing the infringing trademark. Any profits or damages recovered from the defendant in a trademark infringement lawsuit will be deposited into the court for distribution according to the court’s ruling. Finally, the court may order the cancellation of the defendant’s trademark registration. This can be an effective remedy for a trademark infringement lawsuit since the defendant will no longer be able to benefit from their infringing mark. In Maryland, the remedies available in a trademark infringement lawsuit will often vary depending on the facts of the case. However, generally, those who are successful in a trademark infringement lawsuit may be able to recover lost profits, compensatory damages, punitive damages, attorney’s fees, as well as court-ordered modifications or destruction of materials bearing the infringing mark.
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