What are possible outcomes to a trademark infringement case?

| Jun 22, 2021 | Business & Commercial Law

Your trademark is important to your business. Many trademarks serve as a public identifier for a company. So if someone uses your trademark without your permission, you face harm to your business since the infringer might use your mark to promote inferior goods or services. In this situation, you may take the infringer to court.

The outcome of a trademark infringement case can vary. The United States Patent and Trademark Office explains how a judge may rule if you litigate a person or a company on grounds of infringement.

Remedies for infringement

In the event your legal team proves that another party has infringed on your trademark, you might receive one or more remedies to your situation. The judge may issue an injunction ordering the infringer to cease using your mark. The judge may also order the infringer to destroy articles or materials that misuse your mark.

The outcome to your case may also yield damages. The judge could order the infringing party to pay you the profits earned from the infringement or to compensate you for damages resulting from the infringing use. The judge may also order the other party to pay your legal fees or your attorneys’ fees.

Other outcomes to the case

Not all trademark cases result in a finding for the plaintiff. It is possible the judge might rule the other party has not infringed on your mark, perhaps because you do not have a claim to the mark or the other party’s mark is not similar enough to yours to provoke confusion by consumers. The defense may also file a legal action that bars your claim.

There is no guarantee you will succeed in court if you litigate an infringing party. Proving trademark infringement may involve showing one or more ways you have received harm from the unauthorized use of your intellectual property.