What remedies are available for trademark infringement?

In Massachusetts, trademark infringement is a violation of Unfair Competition Law. Victims of trademark infringement may be eligible for a variety of remedies, depending on the circumstances of the case. The most common remedy for trademark infringement in Massachusetts is monetary damages. Monetary damages can be awarded to a plaintiff who has suffered financial loss as a result of the infringement. In most cases, the award of damages is based on lost profits, reasonable royalties, or in some cases, disgorgement of the infringing party’s profits. Injunctive relief is another common remedy for trademark infringement. Injunctive relief may be sought by plaintiffs who wish to prevent a defendant from continuing to engage in infringing activities. Commonly, injunctive relief may include an order requiring the infringing party to cease and desist from their infringing use of the trademark, recall or destroy all infringing materials, and provide a corrective advertisement to address any damage done to the plaintiff’s reputation. Lastly, plaintiffs seeking relief may also ask for an assignment of trademark rights. In this instance, the court will order the infringing party to assign any trademark rights they may have to the plaintiff. This may include registration of the trademark or rights to use the trademark for a particular purpose. Overall, victims of trademark infringement in Massachusetts may be eligible for a variety of remedies, including monetary damages, injunctive relief, and assignment of trademark rights.

What remedies are available for trademark infringement?

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