15 U.S.C. § 1117: Recovery of profits, damages, and costs

Citation: 15 U.S.C. § 1117

Type: Statute

Jurisdiction: Federal

Issuing body: U.S. Congress

Status: In force

Subsection (a) allows recovery of the defendant's profits, the owner's damages, and costs, and up to three times actual damages as compensation rather than a penalty. Subsection (b) provides trebling for intentional counterfeiting, and subsection (c) provides statutory damages for counterfeiting. The Fifth Circuit applies the Octane standard to fee awards under this section.

Related guides.

• Trademark Remedies
• IP Remedies and Rules Compared

Sources.

• Cornell LII: 15 U.S.C. § 1117

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