What are the remedies available for trademark infringement?
The remedies available for trademark infringement in North Carolina are civil remedies, which include injunctive relief, damages, and attorneys’ fees. Injunctive relief is an order from the court that orders the infringer to stop using the trademark. In cases of trademark infringement, a court order may be issued to prohibit further unauthorised use of the trademark. Damages are monetary awards made to a trademark owner to compensate for lost profits and expenses caused by the trademark infringement. Finally, the court may award attorneys’ fees to the plaintiff if it is determined that the defendant acted intentionally, in bad faith, or with malicious intent. In addition, the North Carolina Unfair and Deceptive Trade Practices Act (UDTPA) provides for the possibility of treble damages, meaning that the court may award three times the amount of damages to the plaintiff. This is an additional measure meant to discourage violators from infringing on trademark rights and to act as a deterrent. At the federal level, the Lanham Act allows trademark owners to pursue criminal prosecution of “willful” trademark infringers. In such cases, the violator may be subject to fines and/or imprisonment. The Lanham Act also provides for statutory damages, which may be awarded to the trademark owner regardless of whether they can prove any actual damages. All in all, the law provides a variety of remedies available for a trademark owner to pursue action against an infringer in North Carolina.
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