Understanding The Infringement of Trademark and Remedies
Trademark infringement is the illegal use of a
trademark or service mark on or in association with goods and/or
services in a manner that is possible to cause deception, confusion,
or error about the basis of the goods and/or services.
What will occur if someone sues for trademark infringement?
A trademark proprietor who thinks
its mark is being infringed can file a lawsuit in either federal court or state
court, based on the circumstances. But, in most cases, trademark owners prefer
to prosecute for infringement in federal court. Even when a petitioner selects
state court, it may be possible for the defendant to have the case "eliminated"
to federal court.
If the trademark owner can prove trademark
infringement, available remedies may comprise the following:
- A court
order that the defendant stop using the accused mark;
- An
order necessitating the annihilation or penalty of infringing articles;
- Monetary
relief, comprising the defendant's profits, any harms sustained by the applicant,
and the costs of the action; and
- An
order that the defendant, in several cases, pays the applicant’s attorney
fees.
Like navigating your way via the range
of privacy-related laws and regulations, creating or further developing a
privacy program is no easy thing. A successful and effective privacy program is
built not just on the information on the relevant laws and how to obey them,
but also on practical strategies, political savvy, persuasion, adaptability and
fervor to get a thrilling new organizational function up and running.
Having sturdy strategic
management for the organization is an essential initial high-level step for Building
Privacy Program module for the
organizations.
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