In a cause of action for either unfair competition, infringement of a trademark, or infringement of a trade name, a plaintiff may recover compensatory damages, and punitive or exemplary damages for certain circumstances, such as a theft. In a claim for infringement of a properly registered trademark, a plaintiff may require the defendant to pay all profits derived from and /or all damages suffered by reason of the wrongful manufacture, use, display, or sale of the mark. Additionally, during a suit for trademark infringement, the court may enter judgment, according to the circumstances of the case, for any sum above the amount found as actual damages, not exceeding three times the amount. However, this award constitutes compensation and not a penalty against the defendant. Although any person who copies and uses a registered trademark under certain circumstances is liable in a civil action by the owner of the trademark for any and all remedies under Florida law, the plaintiff is not entitled to recover damages unless he or she can prove that the defendant had knowledge that the trademark was registered by the plaintiff and intended to use it to cause customer confusion, mistake, or to deceive. Moreover, damages may not be based on speculation, guesswork, or conjecture, but must have some reasonable basis in fact, as well as a causal relationship to the wrongful act. Nominal damages may also be awarded in a claim for trademark infringement, when it is allowable, or when the act is proved, but there is insufficient evidence to support damages and no evidence of malice.

A cause of action for unfair trademark infringement may have many complex issues. Therefore, you should consult with an experienced West Palm Beach unfair or deceptive business practices lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.