What remedies are available for infringement of intellectual property rights?

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.