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Trademark Act §1116 Injunctions

• §1116 grants courts the authority to award injunctions to abate violations of rights conferred by the Trademark Act.
  • Where "counterfeit marks" are involved, §1116(d) provides for seizure of goods bearing them, the means of making such marks and all related records.
    • Counterfeit marks include simple counterfeits, as well as designations identical or indistinguishable from those protected by the Trademark Act.
    • All requirements for an ex parte order must be satisfied for seizure to be ordered.
    • The party seeking the order must deposit security in an amount sufficient to cover the damages that would arise from wrongful seizure.
    • A person who suffers damages from a wrongful seizure has a cause of action against the party who sought it.

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