WHAT IS THE PENALTY FOR COPYRIGHT and/or TRADEMARK INFRINGEMENT?
The owner of a registered copyright and or trademark can enforce his rights by bringing a civil lawsuit in Federal District Court. In addition, the Federal government itself can act. Criminal actions can be brought by the U.S. Attorney; and Customs and Postal officials may seize and impound infringing articles that are being imported. Recovery of attorneys’ fees is possible if the suit is successful. The penalties for infringement can be substantial. In civil actions brought by the copyright owner, the court may order forfeiture and/or destruction not only of all infringing articles, but also of any implements used to manufacture the infringing articles. The court may even order seizure and impoundment of such articles prior to trial, and in some cases, without prior notice to the alleged infringer. In addition to obtaining an order stopping the infringement and ordering destruction of infringing articles, the court can order payment of any provable damages, including lost profits. The
