Trademark infringement is the illegal use of a company’s logo, symbol, or name. Damages may include loss of income, actual damages, punitive damages, and attorney’s fees. Proving loss of income can be difficult, and punitive damages may be awarded to discourage future infringement. Legal fees may also be awarded.
A trademark is a company logo, symbol or name used to identify the company and its products or services and is legally protected. Infringement is when one company illegally uses another company’s trademark for any purpose. If a jury finds the defendant guilty, damages for trademark infringement are possible. There are several types of damages, including compensation for loss of income, actual damages, punitive damages, and attorney’s fees. Fighting trademark infringement can be a lengthy process and can cost more than a business would receive in trademark infringement damages.
Loss of income due to trademark infringement damages is often difficult to prove. If the plaintiff proves that the defendant willfully and willfully infringed the trademark infringement, the gross profit gained from the use of this trademark could be collected. It is generally the defendant’s responsibility to verify that not all profits from using the trademark were directly related to that trademark. If the defendant is unable to validate it, he may lose all income associated with the period in question.
Trademark infringement damages may also include actual damages that a plaintiff can allege. Actual damages may include notifying customers of illegal use of a trademark and collecting a royalty. A court may require the defendant to inform the public that the defendant led them to believe that the product or service was another company by using the trademark. Collecting a royalty from the plaintiff in lieu of total loss is sometimes an easier method. Accounting for the loss for trademark infringement can be difficult, and it can be even more difficult to prove that the loss was due to illegal use of the trademark.
Punitive damages awarded by the court are often used to make a point for the defendant. It is a punishment for illegal use of the trademark. Trademark infringement damages like this could dissuade the defendant from committing such acts in the future. The other reason a judge may accept punitive damages is to prevent other companies from committing a similar act.
Legal fees can also be a part of the trademark infringement damages. Judges may award the plaintiff some or all of the plaintiff’s attorney fees. Not all states, however, allow the collection of attorney fees.
Protect your devices with Threat Protection by NordVPN
