When enacted, ' 35 of the Lanham Act provided for a prevailing plaintiff to obtain monetary damages including the defendant's profits and any damages sustained by the plaintiff “subject to the principles of equity.”
When Can Brand Owners Demand 'Show Me the Money'?
Solely because of a technical amendment to the Federal Trademark Dilution Act to ensure that damages for dilution are only available when a defendant acts in bad faith, damages previously not available in an ordinary infringement case are now available.
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