What are the remedies available for a violation of a trade dress infringement claim?
In North Carolina, a trade dress infringement claim is a type of unfair competition claim where one party’s goods or services are confused with another’s because the packaging, look, or feel of the goods or services from one party is too similar to another. The remedies available for a violation of a trade dress infringement claim in North Carolina include: 1. Injunctions: A court can issue an injunction, which will prevent the infringing party from continuing their activities such as use of the infringing trade dress. 2. Damages: The court can also award the complaining party damages, either in the form of an equitable disgorgement of the profits earned by the infringing party or damages for injury to the complaining party’s business. 3. Costs: The court can award the complaining party their costs that they incurred during litigation. 4. Attorney’s Fees: In certain circumstances, the court may also award attorney’s fees. In addition to these remedies, the court can also order the offending party to destroy all infringing products or materials and institute corrective advertising. Overall, the remedies available in North Carolina for a violation of a trade dress infringement claim are designed to make the innocent party whole and protect them from further infringement. These remedies can help to protect companies from the damaging effects of unfair competition.
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