What Remedies Can You Get in a Trademark or Copyright Infringement Lawsuit?
Introduction
When your intellectual property is infringed, the decision to pursue a lawsuit often comes down to one critical question: “What can I actually get out of it?” Trademark and copyright litigation isn’t just about stopping the infringer—it’s also about recovering damages, protecting your reputation, and ensuring the long-term value of your brand or creative works. In this blog, we’ll break down the potential remedies available in trademark and copyright infringement lawsuits.
Trademark Infringement Remedies
Injunctive Relief
Courts can issue an injunction requiring the infringer to immediately stop using your trademark. This is often the most urgent and important remedy.
Monetary Damages
Recover compensation for actual damages, such as lost sales, harm to your reputation, or loss of market share.
Defendant’s Profits
In some cases, you can recover profits the infringer earned by misusing your mark.
Treble Damages
If the infringement was willful, courts may award up to three times the damages.
Attorneys’ Fees and Costs
In “exceptional” cases, you may also recover the costs of litigation.
Seizure and Destruction of Goods
Counterfeit or infringing goods can be seized and destroyed by court order.
Copyright Infringement Remedies
Injunctive Relief
Courts may order the infringer to stop distributing or using your copyrighted work.
Monetary Damages
Actual damages are based on what you lost due to the infringement, including lost licensing fees or revenue.
Statutory Damages
If your copyright was registered before the infringement, you may be entitled to statutory damages ranging from $750 to $30,000 per work infringed—or up to $150,000 for willful infringement.
Infringer’s Profits
Courts can require the infringer to hand over any profits earned from the misuse of your work.
Attorneys’ Fees and Costs
As with trademarks, courts can award fees and costs in certain cases.
Why Remedies Matter
The availability of strong remedies:
Deters future infringement: Others will think twice before copying your brand or creative work.
Protects your reputation: Injunctions and damages help restore trust in your business.
Offsets litigation costs: Monetary damages or fee awards can ease the financial burden of suing.
Conclusion
Trademark and copyright infringement lawsuits aren’t just about proving a point—they’re about protecting the value of your business. Remedies can range from injunctive relief to substantial financial awards, depending on the strength of your case and whether the infringement was willful. At Trestle Law, we help clients pursue meaningful remedies to protect their intellectual property and enforce their rights in court.
Contact us today to schedule a consultation and discuss the remedies available in your infringement case.
Attorney Advertising Notice and Disclaimer
This blog is intended for informational purposes only and does not constitute legal advice. Viewing or relying on this content does not create an attorney-client relationship with Trestle Law APC or its attorneys. Every situation is different, and you should consult with a qualified attorney licensed in your jurisdiction before making legal decisions.
Trestle Law APC is a California law firm. Attorney Kristen Roberts is licensed to practice law in California. This communication may be considered attorney advertising under the California Rules of Professional Conduct. Past results do not guarantee future outcomes.