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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Trademark infringement is the unauthorized use of a trademark in a way that is likely to confuse consumers about the source of a product or service. It occurs when an identical or similar mark is used to market a product or service that is identical, similar, or related to the product or service for which
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Trademark searches are conducted to ensure that a brand or proposed trademark is not confusingly similar to an existing one. Ideally, a trademark search should be conducted prior to investing in developing a brand, or spending money on marketing and legal fees. A competently conducted trademark search can also reduce the risk of a cease-and-desist
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Possibly, but not necessarily. Using another company’s trademark as a brand identifier for a different kind of product or service is usually permissible because it is not likely to confuse consumers about the source of the product or service. Consumers generally do not assume that a business sells completely different kinds of products and services.
Yes. Fair use is not the only defense or exemption from copyright liability that allows the use of copyrighted material without permission. Several other exemptions and defenses exist. Some of these have been enacted into law by Congress. Some have been established by the Copyright Office pursuant to statutory authority, such as the Copyright Office’s
No. The Copyright Act allows people to photograph and draw buildings that are visible in public places without incurring liability for copyright infringement.
Yes, The owner of a copy of a computer program may make an archival copy of it. This is one of the statutory exemptions from copyright infringement liability.
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The first sale doctrine allows the owner of a lawfully acquired, physical copy of a work to sell, lend, or give away that particular copy without the copyright owner’s permission. This is why selling copies of your old books at a garage sale does not expose you to liability for infringing the copyright owner’s exclusive
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Yes, you can make a derivative work that is based on a public domain work without incurring liability for copyright infringement. Making a derivative work based on a public domain work is not infringement. Public domain works are not protected by copyright, so there is nothing to infringe.
No. Copyright infringement can occur only if copyright protection exists. A public domain work is not protected by copyright, so there is nothing to infringe. Therefore, copying, distributing, performing, or displaying a public domain work is not copyright infringement. Copying, distributing, performing or displaying a work that is a modification or a compilation of a
