What remedies are available in a trademark infringement lawsuit?

In Massachusetts, remedies available in a trademark infringement lawsuit depend on the facts in the case. The legal remedies for trademark infringement may include injunctive relief, monetary damages, or other equitable remedies. Injunctive relief is a court order forbidding the defendant from continuing to use the infringing trademark. This may require destruction or alteration of infringing materials or prevent the defendant from making further use of the trademark. Monetary damages are available to the plaintiff in a trademark infringement lawsuit. These may include profits of the defendant from the infringing activity, damages for the value of the injury to the plaintiff’s goodwill, or statutory damages. Statutory damages are an award of a predetermined amount to the plaintiff without the plaintiff having to prove harm or loss. Other equitable remedies available in a trademark infringement lawsuit in Massachusetts may include corrective advertising, disgorgement of profits, punitive damages, or attorneys’ fees. Corrective advertising requires the defendant to advertise to repair the damage from the infringement. Disgorgement of profits requires the defendant to surrender all profits related to the infringement. Punitive damages are an award of money to the plaintiff intended to punish the defendant for their actions. Attorneys’ fees is an award of money to help cover the plaintiff’s attorneys’ fees in the lawsuit. Overall, the remedies available in a trademark infringement lawsuit in Massachusetts depend on the facts in the case. Courts may award a combination of injunctive relief, monetary damages, or other equitable remedies to the plaintiff.

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