What remedies are available for trademark infringement?
If there is a breach of trademark infringement in Colorado, the injured party can seek various civil remedies. These remedies include damages, injunctions, or both. Damages are the financial compensation that the injured party can receive from the infringing party. This includes compensatory damages, actual damages, and punitive damages. Compensatory damages are the money that is awarded in order to make up for the losses incurred by the injured party. Actual damages are awarded to the plaintiff for the profits lost due to the infringement. Lastly, punitive damages are monetary awards given to punish the infringer and may be awarded if the infringement was done with malicious intent. Injunctions are court orders that prohibit the infringing party from using the trademark in question, or any other similar trademarks. This order can be permanent, and requires the infringing party to pay for any damages that were incurred from their infringement. Another remedy available is corrective advertising. This would involve the infringing party running advertisements notifying consumers of the infringement. This type of remedy is typically offered instead of an injunction or damages. Though these remedies are available for trademark infringement, it is important to note that they may not always be successful. If it is determined that the infringer did not act maliciously, it is likely that the injured party will not receive compensation or an injunctive relief. In this situation, the injured party may only receive corrective advertising as a remedy.
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