Injunctive Relief For Trademark In Nevada
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When faced with a trademark dispute, consider these strategies to protect your brand and resolve the issue: Conduct a Thorough Trademark Search. Engage in Negotiation and Settlement. Use Mediation or Arbitration. File an Opposition or Cancellation Action. Respond Promptly to Cease-and-Desist Letters:
For the first time, researchers have come up with a figure—$22.5 million for the median trademark. Businesses have known for hundreds of years that there's value in a trademark: the shape of a Coke bottle, the swoosh on a Nike shoe, the McDonald's golden arches. Just how much value, however, has been hard to pin down.
Trademark Forms and Fees Mark Registration$100.00 Amendment to Mark $60.00 Assignment of Mark $100.00 Cancellation of Mark $50.00 Rights of Publicity $25.002 more rows
Remedies for trademark infringement are mentioned in section 135 of the Trademark Act 1999 and can be in the form of injunction (as the court thinks fit) and either damages or on accounts of profits, together with or without any order of delivery up of the infringing labels and mark for destruction or erasure.
Under Nevada law “the owner of a mark that is famous in this State may bring an action to enjoin commercial use of the mark by a person if such use: (a) Begins after the mark has become famous; and (b) Causes dilution of the mark.” NRS 600.435. See also Mattel, Inc. v.
Trademark Damages Under the Lanham Act These five types include, disgorgement of the defendant's profits, actual damages, reasonable royalties, attorneys' fees in extraordinary cases, and costs.
A person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she knowingly: (a) Conducts the business or occupation without all required state, county or city licenses. (b) Fails to disclose a material fact in connection with the sale or lease of goods or services.
The most common remedy for trademark infringement is injunctive relief. Injunctions are court orders commanding that the infringer immediately cease its unlawful activities. Injunctions address future conduct rather than past actions.
How Much Can You Sue for Trademark Infringement? The answer varies from case to case, but you can generally sue for actual damages, profits of the infringer, and statutory damages ranging from $1,000 to $200,000 per infringement.
The answer varies from case to case, but you can generally sue for actual damages, profits of the infringer, and statutory damages ranging from $1,000 to $200,000 per infringement. Talk to an intellectual property attorney to learn more about the damages you may be entitled to.
