What remedies are available for trademark infringement?
In Texas, trademark infringement occurs when someone uses a trademark that is confusingly similar to a protected trademark. Unfair competition law in Texas provides remedies for trademark infringement. The most common remedy is an injunction, which is a court order that the infringer must stop using the trademark. A trademark holder can also recover monetary damages from the infringer. This includes money to cover the harm to the owner’s business caused by the infringement, such as lost profits or any profits earned by the infringer. The court may also award the trademark holder the infringer’s profits, if it can be determined. Another remedy for trademark infringement is a corrective advertisement. This requires the infringer to advertise that the product or service is not associated with the trademark holder. This can be done by distributing brochures, running ads, or issuing press releases. Additionally, the court may award attorneys’ fees to the trademark holder, if the case is successful. This is because the trademark infringement likely caused the trademark holder to incur significant legal fees. Finally, criminal penalties may also be imposed for trademark infringement. This typically occurs when the infringement is done with the intent to deceive and injure the trademark holder. Criminal penalties can include fines and jail time. In summary, remedies for trademark infringement in Texas include injunctions, monetary damages, corrective advertisements, attorneys’ fees, and criminal penalties.
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