Lanham Act

The Lanham Act

The Lanham Act (15 U.S.C. §§ 1051-1141) is the primary federal trademark statute. In TRO cases, plaintiffs typically seek statutory damages under Section 1117(c), which provides:

• $500 to $100,000 per counterfeit mark (court's discretion)
• Up to $2,000,000 per mark for willful infringement

These damage ranges are why TRO settlements are often much lower than the threatened amounts.