Remedies Available under Trademark Infringement Cases

U.S. trademark law allows aggrieved individuals to file infringement actions before federal district courts. Infringement remedies involve injunctive relief, impounding, damages and profits, costs and attorneys fees, and statutory damages. These remedies can be highly effective in deterring copyright infringement practices.

The following questions have been addressed in this article:

What are practical considerations that must be examined before filing an infringement action?
What practical considerations should be considered before filing for injunctive relief and what evidence is required?
What are considerations made by the accused infringer that should be considered before filing a motion for the declaratory judgment?
What are affirmative defenses and how can they be beneficial to the infringer?


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