The principal remedy for trademark dilution is an injunction. Historically, that was the only remedy available for dilution. Under the Trademark Dilution Revision Act of 2006, monetary damages may be available, but only if the defendant willfully intended to trade on the owner’s reputation
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Remedies for trademark infringement can include: Injunction; Monetary damages; Disgorgement of profits; Impoundment and/or destruction of infringing goods; Attorney fees and costs. Monetary damages may be actual damages or statutory damages. If the infringement was in bad faith (willful), treble damage may be awarded.
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The primary benefits of federal registration of a trademark (registration with the USPTO) are: Presumptively exclusive right to use the mark anywhere in the United States; Presumption of validity of the trademark; Presumption of the registrant’s exclusive right to use the trademark in connection with specified classes of goods and services; Public notice of an
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Yes. DMCA notices must be signed under penalty of perjury, and the DMCA provides additional financial penalties and damages for including a misrepresentation in a DMCA notification or counter-notification.
Yes. Proof of knowledge of the existence of the copyright is not required to establish liability for copyright infringement, and liability for copyright infringement may exist even in the absence of intent to infringe. Innocent infringement is still infringement, although the amount of damages awarded may be significantly lower in such cases.
The maximum amount that may be awarded in a Copyright Claims Board (CCB) proceeding is $30,000. Within this limit, statutory damages are capped at $15,000 per work.
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Actual damages, including lost profits, may be recovered for copyright infringement if they can be proven. In some cases, a court may require disgorgement of the infringer’s profits. Statutory damages may be recovered without proof of actual damages if certain criteria are met. The amount of statutory damages can range from $750 to $30,000 per
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Willful copyright infringement is a crime punishable by fine and/or imprisonment. Copyright infringement may also result in civil liability for damages and may provide a basis for injunctive relief.
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No. Mailing a copy of your work to yourself is not an adequate substitute for copyright registration. Sometimes called “the poor man’s copyright,” the idea that mailing a copy of a work to yourself can substitute for registration is false and potentially harmful to a copyright owner’s rights. To file an infringement lawsuit in court,
Even though a copyright can exist even if it is not registered, there are important reasons to register a copyright. Here is a partial list: In the United States, the owner of a copyright cannot file a lawsuit in court to enforce it without registering it. Registration is a prerequisite to filing an infringement action
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