What are the remedies available for trademark infringement?
In Pennsylvania, the remedies for trademark infringement are the same as those available for trademark infringement in other states. Under federal law, trademark owners can seek both injunctive relief and damages when another party has infringed upon their trademarks. Injunctive relief is an order to the infringing party to stop using the infringing marks, and damages are designed to compensate the trademark owner for any losses incurred due to the infringement. The trademark owner can also recover punitive damages from the infringer if the infringement was willful, meaning that the infringer knew, or reasonably should have known, that their use of the mark was wrong. Additionally, the trademark owner may be able to obtain an award of attorney’s fees and costs if the infringement was intentional, or if the infringer persisted in their infringement after being notified by the trademark owner that their use of the mark was infringing. Finally, a trademark owner may be able to recover profits that the infringer made as a result of the infringement if a court determines that the conduct was willful. This is an equitable remedy, meaning that a court may grant it if the facts of the case support it. Overall, trademark infringement can be costly to a trademark owner, and they should take steps to protect their marks when possible. Seeking relief through legal action can help a trademark owner receive compensation for any losses incurred as a result of an infringement.
Related FAQs
Are there federal statutes that specifically address unfair competition?What is the scope of the Digital Millennium Copyright Act (DMCA)?
What is the purpose of the Communications Decency Act?
What is the doctrine of patent exhaustion?
Are there any special rules for unfair competition related to the internet?
What is the purpose of the Lanham Act?
Are there any special rules for unfair competition in the entertainment industry?
How does the Federal Trade Commission (FTC) regulate unfair competition?
How is unfair competition defined under federal law?
Is cybersquatting a form of unfair competition?
Related Blog Posts
What Is Unfair Competition Law and How Can It Protect Your Business? - July 31, 2023Understanding Unfair Competition Law: What You Need to Know - August 7, 2023
Unfair Competition Law: Key Concepts and Terminology - August 14, 2023
The Basics of Unfair Competition Law for Business Owners - August 21, 2023
How to Recognize and Respond to Unfair Competition Practices - August 28, 2023