What are the remedies available for a violation of a trade dress infringement claim?
In Kansas, a violation of trade dress infringement can be remedied in two ways. The first way is through injunctive relief. This means that a court order can be issued to stop the infringing party from using the trade dress in the future. The second way is through monetary damages. These damages can be compensatory, meaning that the court orders the infringing party to pay the owner of the trade dress an amount of money to compensate them for the infringement. For compensation, the court will often calculate the lost profits due to the infringement, or the profits that the trade dress owner would have made if the infringement had not occurred. The court may also order the infringing party to pay for the cost of any corrective advertising that the trade dress owner had to undertake to repair the damage done to their business. In some cases, the court may also order punitive damages. These damages are meant to punish the infringing party, rather than just compensate the owner for the harm done to their business. Punitive damages must be proven and are usually reserved for cases of willful or malicious infringement. In addition to injunctive relief and monetary damages, the court can also order the infringing party to turn over any profits or materials that arose from the infringement. This can help to discourage future violations and ensure that the trade dress owner gets paid for their losses.
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