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TRADE MARKS ACT 1995 - SECT 126 What relief can be obtained from court

TRADE MARKS ACT 1995 - SECT 126

What relief can be obtained from court

  (1)   The relief that a court may grant in an action for an infringement of a registered trade mark includes:

  (a)   an injunction, which may be granted subject to any condition that the court thinks fit; and

  (b)   at the option of the plaintiff but subject to section   127, damages or an account of profits.

  (2)   A court may include an additional amount in an assessment of damages for an infringement of a registered trade mark, if the court considers it appropriate to do so having regard to:

  (a)   the flagrancy of the infringement; and

  (b)   the need to deter similar infringements of registered trade marks; and

  (c)   the conduct of the party that infringed the registered trade mark that occurred:

  (i)   after the act constituting the infringement; or

  (ii)   after that party was informed that it had allegedly infringed the registered trade mark; and

  (d)   any benefit shown to have accrued to that party because of the infringement; and

  (e)   all other relevant matters.