What are the remedies available for a violation of a trade dress infringement claim?
A trade dress infringement claim is a type of claim in South Carolina’s unfair competition law. Trade dress refers to the overall appearance or design of a product, including its shape, packaging, or other distinguishing features. The remedies available for a trade dress infringement claim are typically damages. A court may award money to the plaintiff if it finds that the defendant is guilty of infringing the plaintiff’s trade dress. Money damages may include any profits the defendant made using the plaintiff’s trade dress, any costs the plaintiff may have incurred in defending against the defendant’s violation, and any costs the plaintiff incurred in trying to get rid of the defendant’s infringement. In addition to money damages, a court may order the defendant to stop using the plaintiff’s trade dress by ordering the defendant to destroy any products that use the plaintiff’s trade dress or to stop advertising the products that use the plaintiff’s trade dress. A court may also award monetary damages for the costs of any corrective advertising that the plaintiff may have to do in order to repair any customer confusion caused by the defendant’s infringement. In some cases, a court may also order an injunction against the defendant that will prevent the defendant from using the plaintiff’s trade dress in the future. An injunction is a court order that legally compels a person or entity to do or not do a certain action. An injunction may also be used to prevent further infringement of a trade dress by a defendant.
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