What remedies are available in a trademark infringement lawsuit?
When it comes to trademark infringement law in South Carolina, there are a number of remedies available in a trademark infringement lawsuit. Generally speaking, these remedies are designed to protect trademark owners from unauthorized use of their trademarks and to ensure that consumers know the source of the goods and services they are purchasing. One of the most common remedies in these types of lawsuits is injunctive relief. This enables the trademark owner to stop the infringing activity and to prevent future cases from occurring. It can be used to force defendants to recall any infringing goods or services, refrain from using the trademark, and to cease any related advertising campaigns. Damages are another remedy available in trademark infringement lawsuits. These may include actual damages, such as lost profits or revenue, or statutory damages, which is financial compensation awarded to the trademark owner without any proof of loss. Additionally, courts may award costs, including attorney’s fees and expenses related to the case. Lastly, a court may also grant a permanent order prohibiting the defendant from using the trademark any time in the future. This type of order is referred to as a permanent injunction, and serves to permanently protect the rights of the trademark owner. In sum, trademark infringement cases in South Carolina may be remedied with injunctive relief, damages, costs, and permanent injunctions. These remedies help to ensure that trademark owners get the protection they need, and that consumers are not confused about the origin of the goods and services they are purchasing.
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