What are the remedies available for trademark infringement?
The remedies available for trademark infringement in Washington are designed to prevent an unfair advantage in the marketplace and to protect consumers from confusion about the source, sponsorship, or endorsement of a product. The primary remedy for trademark infringement is an injunction, which prohibits the infringing party from continuing the infringing activity. Injunctions can forbid the use of the trademark, or require payment of royalties. Courts can also award damages and order payment of attorney’s fees and court costs to the party whose trademark has been infringed. Another remedy for trademark infringement is a corrective advertisement. This requires the infringing party to run an advertisement that informs the public about the correct source of the product, and the likelihood of confusion caused by the infringement. Courts can also order the infringing party to destroy any material that infringes upon the trademarked product. A court can also order the profits generated by the infringing party to be paid to the trademark holder, as well as any other damages incurred by the trademark holder. In some cases, attorneys can also bring a civil lawsuit seeking punitive damages, which are designed to punish the infringing party and serve as a deterrent for future infringements. While these remedies can be effective in protecting the trademark holder, they may not necessarily make them whole. As a result, it is important for those wishing to protect their trademarks to monitor the use of their marks, and to take swift action against any infringements.
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