Protecting your brand is vital in today’s competitive marketplace, and trademark infringement can be a significant setback for any business. When faced with such a situation, it’s crucial to be aware of the damages available for trademark infringement. In this blog, we will delve into the various types of damages that can be pursued in cases of trademark infringement.
- Actual Damages
Trademark infringement can result in financial harm, and actual damages aim to compensate for the losses suffered as a direct consequence of the infringement. In an appropriate case, the plaintiff’s actual damages may be measured by the profits lost by the plaintiff because of the infringement. And in some cases involving directly competitive parties, the profits made by the infringer can be used as an estimate of the plaintiff’s lost profits.
- Infringer’s Profits
One of the most powerful tools for combating trademark infringement is the recovery of the infringer’s profits, ensuring that they do not benefit from their illicit activities at the expense of your brand. This award may be subject to a judicial increase under the Lanham Act.
- Statutory Damages
In counterfeiting cases, it can be challenging to establish the extent of actual damages. Therefore, statutory damages offer an alternative option in these cases, providing a predetermined amount for each infringing use, regardless of the actual harm suffered.
- Injunctive Relief
Beyond financial compensation, injunctive relief plays a crucial role in trademark infringement cases, as it seeks to halt further unauthorized use of your trademark, preventing additional damage to your brand.
- Enhanced / Treble Damages
In cases where the infringement was willful or malicious, a judicial increase of damages up to treble damages may be awarded, providing additional compensation above and beyond the actual damages suffered.
- Attorneys’ Fees
The prevailing party in trademark infringement cases may also be entitled to recover their reasonable attorneys’ fees and litigation costs, further easing the financial burden of pursuing legal action.
- Corrective Advertising
To rectify any potential confusion or damage caused by the infringement, the trademark owner may be awarded damages measured by corrective advertising needed to undo the confusion and deception.
- Reasonable Royalty
In some cases, an award to the trademark owner measured by a reasonable royalty for the unpermitted use of the mark may be warranted.
- Domain Name Disputes
If the infringement involves domain names, successful plaintiffs can seek remedies such as domain name cancellation, transfer, or damages.
Trademark infringement is a serious matter that demands swift action to safeguard your brand’s integrity. If you’ve experienced trademark infringement or suspect unauthorized use of your trademark, don’t wait—call us today.