Remedies for Trademark Infringement in Armenia
In trademark infringement cases in Armenia, the remedies available to a prevailing plaintiff can include:
Monetary Damages: The court may award compensatory damages to the plaintiff, which can cover actual losses suffered as a result of the infringement or the defendant's unlawful profits.
Injunctions: The court can issue injunctions to prohibit the defendant from engaging in further trademark infringement. This can be done either preliminarily, as an interim measure, or permanently as part of the final judgment.
Erasure of Infringing Signs: The court may order the removal or erasure of infringing signs, which could include removing trademarks from products, packaging, or marketing materials.
Seizure and Destruction of Infringing Goods: In cases where the plaintiff's trademark rights have been infringed, the court can order the seizure and destruction of infringing goods, preventing them from being sold or distributed.
Publication of Judgment: The court may require the defendant to publish the judgment at their expense, which can serve to inform the public of the infringement and court's decision.
Reasonable Attorney's Fees: In some cases, the court may award reasonable attorney's fees to the prevailing party, helping to offset the costs of legal representation.
Delivery of Profits: The plaintiff may be entitled to claim the delivery of the profits that the defendant earned through the trademark infringement.
Preservation of Evidence: The court can order the preservation of evidence, including banking, financial, and commercial documents related to the infringing activities.
Customs Measures: The trademark owner can work with customs authorities to prevent the importation of counterfeit goods into Armenia.
Criminal Sanctions: In cases of criminal trademark infringement, individuals involved in the infringement, such as distributors, importers, and exporters, may face criminal sanctions, including fines or confinement.
Search and Seizure Orders: Criminal proceedings allow for effective search and seizure orders, enabling law enforcement authorities to quickly intervene.
It's important to note that the specific remedies awarded in a trademark infringement case can vary based on the circumstances of the case, the evidence presented, and the court's judgment. Plaintiffs must provide sufficient evidence to support their claims for damages or other remedies. Additionally, customs cooperation can be an effective tool to prevent counterfeit goods from entering the country.
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LL.M. Georgetown University, licensed to practice in both Armenia (license no. 903) and New York (license no. 5148945)
Vardanyan & Partners is a reputable law firm situated in Yerevan, Armenia, which has been providing excellent legal services since its establishment in 2012. Our team of locally licensed, English-speaking attorneys specializes in immigration, incorporation, and compliance matters, ensuring that clients receive expert legal guidance. We are committed to staying up-to-date with the latest changes in legislation and regulations, ensuring that our clients receive the most relevant and accurate advice. At Vardanyan & Partners, we place a strong emphasis on honesty, transparency, and client care.
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