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

In Virginia, a trade dress infringement claim is a legal claim alleging that another party has adopted a trade dress similar to your own to deceive customers into purchasing their product over your own. Trade dress infringement is remedied through an action of the court for damages or injunctive relief. Damages are a monetary sum to reimburse a party for losses caused by the infringement. Injunctive relief is an order of the court to cease the infringing action. If a trade dress infringement is found to have occurred, then the aggrieved party may request an injunction, an award of damages, an account of profits, or any combination of these remedies. In the case of an injunction, the court may issue either a preliminary injunction or a permanent one. A preliminary injunction is a temporary order the court grants to prevent the defendant from infringing on the plaintiff’s rights until the matter is decided in court. A permanent injunction is a long-term order the court grants to permanently prohibit the defendant from infringing on the plaintiff’s rights. Damages for a trade dress infringement claim generally include the plaintiff’s monetary losses that were a direct result of the infringement. These damages may include lost profits, lost customers, cost of correcting any confusion or damages caused by the infringing act, legal fees, and punitive damages. Lastly, the court may also award an account of profits, which orders the defendant to provide an accounting of all profits earned from each infringing act. The plaintiff is entitled to all profits earned from the infringing acts and the court may order the defendant to pay the plaintiff the profits. In summary, the remedies available for a violation of a trade dress infringement claim in the state of Virginia include injunctive relief, damages, an account of profits, or any combination of these remedies.

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

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