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

In Texas, a trade dress infringement claim occurs when someone uses a product’s design and features in an impractical manner that causes confusion about origin or ownership. The remedies available for a violation of a trade dress infringement claim depend upon the particular circumstances. Generally, some form of relief, or legal remedy, is available for trade dress infringement claims in Texas. The most common form of remedy is an injunction, which is a court order requiring the defendant to take a certain action or refrain from a particular action. This could involve forcing the defendant to stop using the trade dress and begin using a different trade dress that does not infringe upon another’s rights. Another remedy is a monetary award, which consists of damages for any losses suffered due to the infringement. The plaintiff may be entitled to actual damages, such as lost profits, or statutory damages, which are set by the court. If the defendant is found to have acted in a willful or malicious manner, the court may award increased damages. Furthermore, the Texas Unfair Competition Law also provides for punitive damages, which are intended to punish the defendant and discourage future violations. Lastly, the court may also order the defendant to pay the plaintiff’s attorney’s fees. Thus, there are a variety of remedies available for a violation of a trade dress infringement claim in Texas. The type of remedy that is awarded depends on the facts of the case, so it is important to have a thorough understanding of the law and the applicable facts.

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

Related FAQs

Related Blog Posts