What relief can be obtained from court
126 What relief can be obtained from court
The relief that a court may grant in an action for an infringement of a registered trade mark includes:
an injunction, which may be granted subject to any condition that the court thinks fit; and
at the option of the plaintiff but subject to section 127, damages or an account of profits.
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:
the flagrancy of the infringement; and
the need to deter similar infringements of registered trade marks; and
the conduct of the party that infringed the registered trade mark that occurred:
after the act constituting the infringement; or
after that party was informed that it had allegedly infringed the registered trade mark; and
any benefit shown to have accrued to that party because of the infringement; and
all other relevant matters.
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