Relief

Section 126 of the Trade Marks Act 1995 (Cth) provides:

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.

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