What remedies are available for trade secret misappropriation?
A party may ask a court for: • an injunction to stop another party from using or disclosing the secret; • reasonable royalties; • actual damages in all cases; and • punitive damages and attorney’s fees for willful misappropriation. (G.S. 66-154(a)). • Trademarks: • What is a trademark? A trademark may be any word, group of words, logo, symbol, numbers, colors, sounds, scents, or shape of packaging that is used to identify and distinguish a producer’s goods or services. (See 15 USC 1127; see also 15 USC 1052 for limitations on what can be a trademark.) • What protections are available for registered trademarks? A registered trademark may not be reproduced or counterfeited in connection with any sale, offer to sale, distribution, or advertising. (15 USC 1114(1)) Anyone who infringes on a trademark may face a court injunction (15 USC 1116), be forced to turn over any profits from the infringement, pay damages, pay attorney fees, and treble damages. (15 USC 1117) However, the trademark own
