Michael Atkins - Seattle Trademark Lawyer

Recommend Can I Get a Trademark Infringer Thrown in Jail? (Email)

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Sometimes clients ask if they can get a trademark infringer thrown in jail.

Wouldn’t that be awesome?

However, jail is not usually one of the things a trademark lawyer can deliver. Trademark infringement is mainly a civil wrong, meaning that a trademark owner is limited to civil remedies like an injunction, damages, the profits the infringer wrongly obtained through its infringement, and, sometimes, attorney’s fees.

Trademark statutes also provide that some egregious forms of trademark infringement, like counterfeiting, also constitute criminal acts. However, whether to prosecute such offenses is up to the prosecutor. It’s not up to the aggrieved trademark owner, and it’s not included as part of a civil lawsuit.

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Copyright © 2006-2021, Michael G. Atkins. All rights reserved. I'm a partner and Seattle intellectual property attorney at Atkins Intellectual Property, PLLC, where I focus my practice on issues involving the Lanham Act, including trademark infringement, unfair competition, trade dress infringement, trademark dilution, false designation of origin, counterfeiting, cybersquatting, trademark licensing, trademark applications, trademark registrations, the U.S. Patent and Trademark Office (PTO), and the U.S. Trademark Trial and Appeal Board (TTAB). Thanks for checking out my blog. Please visit again soon!