What are the remedies available for a violation of a trade dress infringement claim?

In Georgia, the remedies available for a violation of a trade dress infringement claim are similar to those for a violation of any other unfair competition law. Generally, the remedies that are available are injunctive relief, monetary damages, and attorney’s fees and costs. Injunctive relief is an order from a court that prevents a party from continuing an activity. For example, if an infringing product is made, the court may order that the product be ceased to be made and sold. Additionally, the court may order that all infringing products be destroyed. Monetary damages are available to a party whose rights have been infringed. These damages may include the profits earned by the infringer through the use of the trade dress, or a reasonable royalty rate for the use of the trade dress. The court may also award special damages to the plaintiff for any economic losses they have suffered due to the infringement. Finally, the court may also award the plaintiff with attorney’s fees and costs. The purpose of this award is to help level the playing field between the parties, as it may be difficult for someone to pursue a lengthy lawsuit without the assistance of an attorney. It is important to note that not every case of trade dress infringement will have the same remedies available, as each case is evaluated on its own merits.

Related FAQs

Is cybersquatting a form of unfair competition?
What are the remedies available for trademark infringement?
Are there any defenses to a claim of copyright infringement?
Are there any defenses against a claim of trade dress infringement?
What is the doctrine of anticompetitive behavior?
Can I sue another company for unfair competition?
What is the scope of the tort of appropriation of corporate opportunity?
What is the scope of the Lanham Act’s false designation of origin claim?
Are there any special rules for unfair competition related to the internet?
How does the Anticybersquatting Consumer Protection Act protect against unfair competition?

What are the remedies available for a violation of a trade dress infringement claim?

Related FAQs

Related Blog Posts