Remedies for Infringement

Courts have wide latitude in fashioning remedies to protect marks from infringement. They can enter injunctions to forbid the defendant from any further use of the infringing mark; they can order a recall or destruction of infringing articles; they can order the offending party to use a disclaimer when it offers its goods, stating ''ABC Inc. is not affiliated with XYZ Co.''; and they can impose actual damages to compensate the plaintiff for the harm he or she has suffered. Damages often take the form of lost profits and lost sales. The defendant may be ordered to disgorge profits it has made from sales of products that used the infringing mark. The plaintiff's costs in bringing the action are recoverable (assuming the ...

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