Courts can determine registration rights and order the cancellation or rectification of the trademark register.
What authority does a court have regarding the rectification of the trademark register? Read More »
Procuring a mark registration through false or fraudulent means makes the party liable for all resulting damages.
Clerks of court must notify the Director within one month of filing or judgment in trademark cases.
What are the notification duties of a clerk of court regarding suits involving marks? Read More »
Remedies against innocent publishers of infringing advertisements are limited to injunctions against future transmissions of that ad.
How are remedies limited against innocent publishers of infringing advertisements? Read More »
Trademark infringement is established when prohibited acts are committed, regardless of whether an actual sale occurred.
Is an actual sale of goods required to establish trademark infringement? Read More »
Damages for infringement are measured by the owner’s lost profits, the infringer’s actual profits, or gross sales percentages.
How are damages measured in a trademark infringement case? Read More »
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 »
