Creating and gaining the rights to a service mark can be a long and complicated process. After this process, nothing is worse than to have another company steal that mark and attempt to use it as their own. This is known as service mark infringement. Luckily, if someone is infringing on your service mark, there is legal action available.
Penalties for Service Mark Infringement
For such unfair business practices as service mark infringement, a variety of penalties are available. These penalties include:
- Payment of all profits made;
- Compensation for all damage lost by the original service mark holder;
- Costs of legal action;
- Possibly the attorney fees; and
- Injunctive relief.
Injunctive relief is a court order declaring that he who has infringed must cease infringing. Basically, the company guilty of service mark infringement must immediately find a new, unique service mark.
Category: Franchisor Services
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