What remedies are available for infringement of intellectual property rights?

UPDATED: Jul 18, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 18, 2023

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UPDATED: Jul 18, 2023Fact Checked

If you are being wronged, you may ask the appropriate court to grant a Temporary Restraining Order and a Preliminary or Permanent Injunction to prevent and/or stop further infringement.

Allegedly infringing items or articles can be impounded while the action is pending and may be ordered destroyed or subject to other disposition if there is an infringement. An infringer can be liable for actual damages plus additional profits of the infringer or statutory damages.

Further, an infringer could be held liable for injury to business reputation or the dilution in the value of the copyright, patent, or trademark. Costs and attorneys’ fees sometimes also may be awarded to the prevailing party.

Case Studies: Remedies for Infringement of Intellectual Property Rights

Case Study 1: Temporary Restraining Order and Injunction

In a recent intellectual property infringement case, Company, a software development firm, discovered that a competitor was unlawfully using their patented technology in their products. To protect their rights, Company filed a lawsuit and sought immediate remedies.

The court granted a Temporary Restraining Order, preventing the competitor from further using the infringing technology. Subsequently, Company successfully obtained a Preliminary Injunction, which barred the competitor from using the technology throughout the duration of the lawsuit.

Case Study 2: Impoundment and Disposition of Infringing Articles

In another case involving trademark infringement, Brand, a well-known fashion brand, discovered that counterfeit versions of their products were being sold in the market. Brand filed a lawsuit against the counterfeiters and requested impoundment of the infringing articles.

The court granted the request, allowing Brand to seize the counterfeit products while the case was pending. Following a successful trial, the court ordered the destruction of the seized counterfeit articles, safeguarding the reputation and value of Brand’s trademark.

Case Study 3: Damages and Attorneys’ Fees

In a copyright infringement case, Artist John found that their artwork was being reproduced and sold without their permission. Artist John took legal action against the infringer and sought compensation for the damages caused.

The court determined that the infringer had indeed violated Artist John’s copyright and awarded them both actual damages and additional profits earned by the infringer. Furthermore, the court ordered the infringer to pay Artist John’s attorneys’ fees, recognizing the time and resources spent in pursuing the case.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Mary Martin

Published Legal Expert

Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...

Published Legal Expert

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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