What are the damages for trademark infringement?

After successfully proving trademark infringement, a plaintiff is entitled to differing remedies based on certain situations. Generally, the most common award is an injunction against the infringing trademark so it may not further damage the original trademark. In certain cases, monetary relief may be awarded, potentially encompassing the following elements: Defendant’s profits, damages sustained by the plaintiff, and the costs of litigating. Treble damages may be awarded in cases where such gross negligence was used by the defendant that willful infringement was committed. In trademark dilution suits, which are similar to trademark infringement claims except without the need to prove consumer confusion, monetary remedies are typically only awarded when willful dilution occurs; otherwise only injunctive relief may be awarded.

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The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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