In Search of BIGFOOT: Corrective Advertising Remedies in U.S. Trademark Infringement Actions—Part 1
INTA BulletinJanuary 1, 2015
Zelle Hofmann partner Christopher Micheletti wrote an article titled, "In Search of BIGFOOT: Corrective Advertising Remedies in U.S. Trademark Infringement Actions—Part 1,” that was published in the January 1, 2015 issue of the INTA Bulletin.
In U.S. trademark infringement actions, a plaintiff who establishes violations of the Lanham Act is routinely granted injunctive relief requiring the defendant to discontinue use of the offending mark. But such plaintiffs also have other remedies at their disposal. One such remedy is corrective advertising in the form of affirmative injunctive relief (i.e., an order that the defendant engage in corrective advertising) and/or in the form of monetary relief (i.e., an order that the defendant make payments to the plaintiff to cover the costs of past or future corrective advertising). While defendants have been ordered to perform advertising to undo the adverse effects of confusion, courts more commonly order defendants to pay compensatory damages once infringement has been shown. Subject to restrictions on awarding duplicative remedies, however, there does not appear to be any reason why a court may not award some combination of these equitable and monetary remedies.
To read the article in full, please click here.
