Infringement litigation can be conducted in the federal courts if a federal registration is involved, or if a false designation of origin or false or misleading representation of fact has been made. State court actions can be filed to enforce state registered marks or common law trademark rights.
Infringement is based on a finding of a likelihood of confusion or actual confusion between the registered mark and the other user’s mark.
Remedies for trademark infringement include recovery of the defendant’s profits and the award of the plaintiff’s damages and costs. In exceptional cases, treble damages are available as well as attorneys’ fees. In addition, injunctive relief and destruction of the infringing goods are available remedies in some circumstances.
To find out more please access our IP Primer page.