Damages may be doubled if the infringer acted with an actual intent to mislead the public or defraud.
Under what conditions can a court double the damages awarded for infringement? Read More »
Courts can order the destruction or disposal of infringing goods and all materials used to create them.
What power does a court have over infringing goods and materials? Read More »
Removing a trademark from counterfeit goods is usually insufficient to allow those goods to re-enter commercial channels.
Is removing the trademark enough to permit the release of counterfeit goods? Read More »
Parties believing they are damaged by a mark’s registration may petition for its cancellation within five years.
Who is authorized to file a petition for the cancellation of a mark registration? Read More »
Recovery of damages requires the infringer to have knowledge of the registration, which is presumed by proper notice.
When is a trademark owner entitled to recover profits or damages? Read More »
Mark registration can be cancelled anytime if it becomes generic, is abandoned, or was obtained through fraudulent means.
Under what circumstances can a mark registration be cancelled at any time? Read More »
Registered marks cannot stop prior good faith users, though their rights are tied to their specific enterprise.
What protection is afforded to good faith prior users of a mark? Read More »
The test for genericness is the mark’s primary significance to the public, not the purchaser’s motivation.
How is it determined if a mark has become a generic name for goods or services? Read More »
Remedies against innocent printers are limited only to an injunction against the future printing of infringing materials.
What are the legal remedies against an innocent printer of infringing materials? Read More »
Layout-design registration lasts ten years without renewal, starting from first commercial exploitation or the filing date.
How long is a layout-design registration valid and when does its protection begin? Read More »
