trademark infringement

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

If the trademark owner is able to prove infringement, available remedies may include the following:

  • a court order (injunction) that the defendant stop using the accused mark;
  • an order requiring the destruction or forfeiture of infringing articles;
  • monetary relief, including defendant’s profits, any damages sustained by the plaintiff, and the costs of the action; and
  • an order that the defendant, in certain cases, pay the plaintiffs’ attorneys’ fees.