Additionally, the courts will consider the hardships an injunction imposes on the parties and any public interest involved. Trademark owners can obtain preliminary injunctive relief if they demonstrate a likelihood of winning the case and if they can demonstrate permanent harm if injunctive relief is not granted. Permanent injunctions: final orders of a court that a person or entity discontinue doing certain activities permanently or take certain actions.Preliminary injunctions: court orders made in the early stages of a lawsuit or petitions which prohibit the parties from doing an act that is in dispute (e.g., using the trademark).Equitable ReliefĪ court can order someone to do something or prohibit them from doing something by issuing an injunction. Punitive damages are sometimes available under state unfair competition laws. In federal trademark infringement cases, punitive damages are generally not recoverable. The infringer’s profits may also be recovered in cases of willful infringement. In cases of willful infringement, these damages may be increased threefold.
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