What are the remedies available for trademark infringement?

In New Jersey, trademark infringement is an act of unfair competition and is a violation of a mark holder’s rights. If a person or company infringes on a trademark, the mark holder may take legal action and seek remedies. The first remedy a trademark holder may pursue is an injunction. This is a court order that forces an individual or business to stop the actions that are infringing on the mark holder’s rights. For example, if an individual or business was using a trademark without the holder’s permission, the holder can seek an injunction to prevent them from continuing to do so. The second remedy is monetary damages. If the mark holder has suffered monetary losses due to the infringement, they may be able to seek compensation in the form of monetary damages from the infringer. Damages may include any losses the mark holder may have suffered due to the infringement, as well as any profits the infringer made due to their actions. The third remedy is the destruction of infringing material. If the trademark holder has evidence of the infringement, the court may order the destruction of any infringing material, such as products or promotional materials that use the mark without permission. Finally, the mark holder may seek costs and attorney’s fees associated with the infringement. This means that the infringer may be required to pay the mark holder’s legal costs for filing fees and other court costs associated with pursuing the infringement. Trademark infringement is a serious offense and those found guilty of it can face serious repercussions. In New Jersey, the remedies available to trademark holders include injunctions, monetary damages, destruction of infringing materials, and costs and attorney’s fees.

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