Brand Protection is a growing concern among corporate executives, particularly those who operate in the global marketplace. It has become imperative for business practitioners to understand outlined and stipulated set of s rules and procedures that protect their brands. Thus, protecting their intellectual property, creative innovations from being copied. Besides, they are obliged to understand and observe the rights of consumers as they design and provide goods and services to both local and international markets. The course aims to build an in-depth understanding of brand protection from legal and ethical perspectives.
This pamphlet provides an easy to understand explanation of how federal court patent litigation works, from filing of the complaint all the way to appeals, all in plain English and geared toward the non-expert. Please check it out and let me know what you think!
This pamphlet provides an easy to understand explanation of how federal court patent litigation works, from filing of the complaint all the way to appeals, all in plain English and geared toward the non-expert. Please check it out and let me know what you think!
Patent Infringement Unveiled: Understanding the Different Flavors and How to ...Invention ip
Explore the nuances of various patent infringement types and their implications on intellectual property rights. Learn how patent law governs these infringements and gain valuable insights into protecting your innovations. Visit InventionIP.com for comprehensive information on patent-related matters.
Visit: https://inventionip.com/
. It’s purely about a new technical solution that you find fit and one that will yield you better results. And obviously, when it’s getting you better results why wouldn’t you safeguard it.
This pamphlet provides an easy to understand explanation of how federal court patent litigation works, from filing of the complaint all the way to appeals, all in plain English and geared toward the non-expert. Please check it out and let me know what you think!
This pamphlet provides an easy to understand explanation of how federal court patent litigation works, from filing of the complaint all the way to appeals, all in plain English and geared toward the non-expert. Please check it out and let me know what you think!
Patent Infringement Unveiled: Understanding the Different Flavors and How to ...Invention ip
Explore the nuances of various patent infringement types and their implications on intellectual property rights. Learn how patent law governs these infringements and gain valuable insights into protecting your innovations. Visit InventionIP.com for comprehensive information on patent-related matters.
Visit: https://inventionip.com/
. It’s purely about a new technical solution that you find fit and one that will yield you better results. And obviously, when it’s getting you better results why wouldn’t you safeguard it.
A checklist for litigants bringing or defending IP actions in the Small Claims Track of the Intellectual Property Enterprise Court.
This article covers the court's jurisdiction, its rules and practice, pleadings, disclosure and remedies
This article supplements IPEC Small claims Track Guide, CPR Parts 27 and 63 and the Part 27A and Part 63 Practice Directions.
startup founders delimma to patent or not to patentRegal Beloit
Many startup founder face this question atleast once "Should they patent their products and technology or not? Is it that important? What if you don't patent? Are there other shortcuts? This article delve deeper in to this matter.
Patent Law in 2014: Act fast or get left behindsteve_ritchey
A presentation on patent law fundamentals, the changes caused resulting from the America Invents Act, other topical patent law issues such as new developments on patentable subject matter, appellate review of claim constructions, and best practices
Patents are a type of techno-legal document that describes novel, unique, and industrially applicable inventions. A request for the issuance of a patent for an invention created and detailed in the patent specification is known as a patent application.
a) Novelty: Before submitting the patent application in India, the subject matter specified in the specification was not published in India or anywhere else.
b) Inventive Step: A person who is experienced in the art would not recognize the invention in light of the earlier publication, knowledge, or document.
c) Industrial Applicability: In order to be produced or used in the industry, an invention must have some sort of utility.
DOCUMENTS REQUIRED FOR PATENT REGISTRATION:
1. (Form 1) Application form for the grant of patent in India.
2. (Form 2) If a provisional specification is submitted, it must be followed within a year by a complete specification. Provisional or complete specification of patent in duplicate.
3. (Form 3) Information and undertaking listing each foreign patent application's number, filing date, and current status in duplicate.
4. Priority document (if the priority date is claimed) in convention application, when directed by the Controller
5. (Form 5) When a complete specification follows a provisional specification, or in the event of a convention or PCT national phase application, an inventor declares their invention
ADVANTAGES OF REGISTERING A PATENT
1. A patent serves as a means of supporting innovations and inventions. The invention or concept belongs to the applicant after they receive the patent.
2. A business must register for a patent because a patent prevents competitors from stealing, selling, or importing the intellectual property without authorization.
3. In support of the current legislation, the patent holder can thereby defend his patent rights.
a) Like other types of property, patents can be bought, sold, or licensed.
b) Ownership of the patent may also be transferred by the inventor.
c) A patented product enhances brand recognition and can allow the company to charge more.
d) With exclusive patent rights, the inventor has long-term control over how the innovation is used.
e) Under the International Patent Protection Scheme, the government would cover up to Rs. 15 lakhs (or 50% of the total cost) of an MSME's international patent filing.
TRADEMARK: 1. A trademark is a symbol that can be used to separate the products or services of one company from those of other companies. Intellectual property rights provide protection for trademarks.
2. A trademark registration grants the owner of the trademark the sole right to use it. This suggests that the trademark may be used solely by its owner or may be licensed to a third party for use in exchange for payment.
COPYRIGHT: 1. The legal term "copyright" (sometimes known as "author's right") is used to refer to the ownership rights that authors and other artists have over their creative works.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Judgment of Infringement Entered as Sanction
• Patent Exhaustion Does Not Apply to Harvested Seeds
• Judges Disagree on § 101 Standards
• Litigation Is Not a Domestic Industry
Financial curveballs sent many American families reeling in 2023. Household budgets were squeezed by rising interest rates, surging prices on everyday goods, and a stagnating housing market. Consumers were feeling strapped. That sentiment, however, appears to be waning. The question is, to what extent?
To take the pulse of consumers’ feelings about their financial well-being ahead of a highly anticipated election, ThinkNow conducted a nationally representative quantitative survey. The survey highlights consumers’ hopes and anxieties as we move into 2024. Let's unpack the key findings to gain insights about where we stand.
10 Video Ideas Any Business Can Make RIGHT NOW!
You'll never draw a blank again on what kind of video to make for your business. Go beyond the basic categories and truly reimagine a brand new advanced way to brainstorm video content creation. During this masterclass you'll be challenged to think creatively and outside of the box and view your videos through lenses you may have never thought of previously. It's guaranteed that you'll leave with more than 10 video ideas, but I like to under-promise and over-deliver. Don't miss this session.
Key Takeaways:
How to use the Video Matrix
How to use additional "Lenses"
Where to source original video ideas
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A checklist for litigants bringing or defending IP actions in the Small Claims Track of the Intellectual Property Enterprise Court.
This article covers the court's jurisdiction, its rules and practice, pleadings, disclosure and remedies
This article supplements IPEC Small claims Track Guide, CPR Parts 27 and 63 and the Part 27A and Part 63 Practice Directions.
startup founders delimma to patent or not to patentRegal Beloit
Many startup founder face this question atleast once "Should they patent their products and technology or not? Is it that important? What if you don't patent? Are there other shortcuts? This article delve deeper in to this matter.
Patent Law in 2014: Act fast or get left behindsteve_ritchey
A presentation on patent law fundamentals, the changes caused resulting from the America Invents Act, other topical patent law issues such as new developments on patentable subject matter, appellate review of claim constructions, and best practices
Patents are a type of techno-legal document that describes novel, unique, and industrially applicable inventions. A request for the issuance of a patent for an invention created and detailed in the patent specification is known as a patent application.
a) Novelty: Before submitting the patent application in India, the subject matter specified in the specification was not published in India or anywhere else.
b) Inventive Step: A person who is experienced in the art would not recognize the invention in light of the earlier publication, knowledge, or document.
c) Industrial Applicability: In order to be produced or used in the industry, an invention must have some sort of utility.
DOCUMENTS REQUIRED FOR PATENT REGISTRATION:
1. (Form 1) Application form for the grant of patent in India.
2. (Form 2) If a provisional specification is submitted, it must be followed within a year by a complete specification. Provisional or complete specification of patent in duplicate.
3. (Form 3) Information and undertaking listing each foreign patent application's number, filing date, and current status in duplicate.
4. Priority document (if the priority date is claimed) in convention application, when directed by the Controller
5. (Form 5) When a complete specification follows a provisional specification, or in the event of a convention or PCT national phase application, an inventor declares their invention
ADVANTAGES OF REGISTERING A PATENT
1. A patent serves as a means of supporting innovations and inventions. The invention or concept belongs to the applicant after they receive the patent.
2. A business must register for a patent because a patent prevents competitors from stealing, selling, or importing the intellectual property without authorization.
3. In support of the current legislation, the patent holder can thereby defend his patent rights.
a) Like other types of property, patents can be bought, sold, or licensed.
b) Ownership of the patent may also be transferred by the inventor.
c) A patented product enhances brand recognition and can allow the company to charge more.
d) With exclusive patent rights, the inventor has long-term control over how the innovation is used.
e) Under the International Patent Protection Scheme, the government would cover up to Rs. 15 lakhs (or 50% of the total cost) of an MSME's international patent filing.
TRADEMARK: 1. A trademark is a symbol that can be used to separate the products or services of one company from those of other companies. Intellectual property rights provide protection for trademarks.
2. A trademark registration grants the owner of the trademark the sole right to use it. This suggests that the trademark may be used solely by its owner or may be licensed to a third party for use in exchange for payment.
COPYRIGHT: 1. The legal term "copyright" (sometimes known as "author's right") is used to refer to the ownership rights that authors and other artists have over their creative works.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Judgment of Infringement Entered as Sanction
• Patent Exhaustion Does Not Apply to Harvested Seeds
• Judges Disagree on § 101 Standards
• Litigation Is Not a Domestic Industry
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Financial curveballs sent many American families reeling in 2023. Household budgets were squeezed by rising interest rates, surging prices on everyday goods, and a stagnating housing market. Consumers were feeling strapped. That sentiment, however, appears to be waning. The question is, to what extent?
To take the pulse of consumers’ feelings about their financial well-being ahead of a highly anticipated election, ThinkNow conducted a nationally representative quantitative survey. The survey highlights consumers’ hopes and anxieties as we move into 2024. Let's unpack the key findings to gain insights about where we stand.
10 Video Ideas Any Business Can Make RIGHT NOW!
You'll never draw a blank again on what kind of video to make for your business. Go beyond the basic categories and truly reimagine a brand new advanced way to brainstorm video content creation. During this masterclass you'll be challenged to think creatively and outside of the box and view your videos through lenses you may have never thought of previously. It's guaranteed that you'll leave with more than 10 video ideas, but I like to under-promise and over-deliver. Don't miss this session.
Key Takeaways:
How to use the Video Matrix
How to use additional "Lenses"
Where to source original video ideas
Videos are more engaging, more memorable, and more popular than any other type of content out there. That’s why it’s estimated that 82% of consumer traffic will come from videos by 2025.
And with videos evolving from landscape to portrait and experts promoting shorter clips, one thing remains constant – our brains LOVE videos.
So is there science behind what makes people absolutely irresistible on camera?
The answer: definitely yes.
In this jam-packed session with Stephanie Garcia, you’ll get your hands on a steal-worthy guide that uncovers the art and science to being irresistible on camera. From body language to words that convert, she’ll show you how to captivate on command so that viewers are excited and ready to take action.
Short video marketing has sweeped the nation and is the fastest way to build an online brand on social media in 2024. In this session you will learn:- What is short video marketing- Which platforms work best for your business- Content strategies that are on brand for your business- How to sell organically without paying for ads.
First Things First: Building and Effective Marketing Strategy
Too many companies (and marketers) jump straight into activation planning without formalizing a marketing strategy. It may seem tedious, but analyzing the mindset of your targeted audiences and identifying the messaging points most likely to resonate with them is time well spent. That process is also a great opportunity for marketers to collaborate with sales leaders and account managers on a galvanized go-to-market approach. I’ll walk you through the methods and tools we use with our clients to ensure campaign success.
Key Takeaways:
-Recognize the critical role of strategy in marketing
-Learn our approach for building an actionable, effective marketing strategy
-Receive templates and guides for developing a marketing strategy
Monthly Social Media News Update May 2024Andy Lambert
TL;DR. These are the three themes that stood out to us over the course of last month.
1️⃣ Social media is becoming increasingly significant for brand discovery. Marketers are now understanding the impact of social and budgets are shifting accordingly.
2️⃣ Instagram’s new algorithm and latest guidance will help us maintain organic growth. Instagram continues to evolve, but Reels remains the most crucial tool for growth.
3️⃣ Collaboration will help us unlock growth. Who we work with will define how fast we grow. Meta continues to evolve their Creator Marketplace and now TikTok are beginning to push ‘collabs’ more too.
The Forgotten Secret Weapon of Digital Marketing: Email
Digital marketing is a rapidly changing, ever evolving industry--Influencers, Threads, X, AI, etc. But one of the most effective digital marketing tools is also one of the oldest: Email. Find out from two Houston-based digital experts how to maximize your results from email.
Key Takeaways:
Email has the best ROI of any digital tactic
It can be used at any stage of the customer journey
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The digital marketing industry is changing faster than ever and those who don’t adapt with the times are losing market share. Where should marketers be focusing their efforts? What strategies are the experts seeing get the best results? Get up-to-speed with the latest industry insights, trends and predictions for the future in this panel discussion with some leading digital marketing experts.
In this presentation, Danny Leibrandt explains the impact of AI on SEO and what Google has been doing about it. Learn how to take your SEO game to the next level and win over Google with his new strategy anyone can use. Get actionable steps to rank your name, your business, and your clients on Google - the right way.
Key Takeaways:
1. Real content is king
2. Find ways to show EEAT
3. Repurpose across all platforms
Core Web Vitals SEO Workshop - improve your performance [pdf]Peter Mead
Core Web Vitals to improve your website performance for better SEO results with CWV.
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- Optimisation techniques from our experts on how to improve your CWV on platforms like WordPress and WP Engine
- The impact of user experience and SEO
Is AI-Generated Content the Future of Content Creation?Cut-the-SaaS
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Understanding
AI-Generated Content:
AI-generated content includes text, images, videos, and audio produced by AI without direct human involvement. This technology leverages large datasets to create contextually relevant and coherent material, streamlining content production.
Key Benefits:
Content Creation: Rapidly generate high-quality content for blogs, articles, and social media.
Brainstorming: AI simulates conversations to inspire creative ideas.
Research Assistance: Efficiently summarize and research information.
Market Insights:
The content marketing industry is projected to grow to $17.6 billion by 2032, with AI-generated content expected to dominate over 55% of the market.
Case Study: CNET’s AI Content Controversy:
CNET’s use of AI for news articles led to public scrutiny due to factual inaccuracies, highlighting the need for transparency and human oversight.
Benefits Across Industries:
Marketing: Personalize content at scale and optimize engagement with predictive analytics.
Publishing: Automate content creation for faster publication cycles.
Education: Efficiently generate educational materials.
Healthcare: Create accurate content for patients and professionals.
Finance: Produce timely financial content for decision-making.
Challenges and Ethical Considerations:
Transparency: Disclose AI use to maintain trust.
Bias: Address potential AI biases with diverse datasets.
SEO: Ensure AI content meets SEO standards.
Quality: Maintain high standards to prevent misinformation.
Conclusion:
AI-generated content offers significant benefits in efficiency, personalization, and scalability. However, ethical considerations and quality assurance are crucial for responsible use. Explore the future of content creation with us and see how AI is transforming various industries.
Connect with Us:
Follow Cut-The-SaaS on LinkedIn, Instagram, YouTube, Twitter, and Medium. Visit cut-the-saas.com for more insights and resources.
How to Run Landing Page Tests On and Off Paid Social PlatformsVWO
Join us for an exclusive webinar featuring Mariate, Alexandra and Nima where we will unveil a comprehensive blueprint for crafting a successful paid media strategy focused on landing page testing.With escalating costs in paid advertising, understanding how to maximize each visitor’s experience is crucial for retention and conversion.
This session will dive into the methodologies for executing and analyzing landing page tests within paid social channels, offering a blend of theoretical knowledge and practical insights.
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The session will also cover data analysis techniques and criteria for graduating landing pages.
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Everyone knows the power of stories, but when asked to come up with them, we struggle. Either we second guess ourselves as to the story's relevance, or we just come up blank and can't think of any. Unlocking Everyday Narratives: The Power of Storytelling in Marketing will teach you how to recognize stories in the moment and to recall forgotten moments that your audience needs to hear.
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Understand Why Personal Stories Connect Better
How To Remember Forgotten Stories
How To Use Customer Experiences As Stories For Your Brand
How to Use AI to Write a High-Quality Article that Ranksminatamang0021
In the world of content creation, many AI bloggers have drifted away from their original vision, resulting in low-quality articles that search engines overlook. Don't let that happen to you! Join us to discover how to leverage AI tools effectively to craft high-quality content that not only captures your audience's attention but also ranks well on search engines.
Disclaimer: Some of the prompts mentioned here are the examples of Matt Diggity. Please use it as reference and make your own custom prompts.
Digital marketing is the art and science of promoting products or services using digital channels to reach and engage with potential customers. It encompasses a wide range of online tactics and strategies aimed at increasing brand visibility, driving website traffic, generating leads, and ultimately, converting those leads into customers.
https://nidmindia.com/
It's another new era of digital and marketers are faced with making big bets on their digital strategy. If you are looking at modernizing your tech stack to support your digital evolution, there are a few can't miss (often overlooked) areas that should be part of every conversation. We'll cover setting your vision, avoiding siloes, adding a democratized approach to data strategy, localization, creating critical governance requirements and more. Attendees will walk away with actions they can take into initiatives they are running today and consider for the future.
2. What is meant by design patent infringement?
Outline the procedure of obtaining a preliminary injunction at
the outset of litigation in design patent infringement.
What are the fundamental remedies available in design
patent infringement litigation?
Briefly explain the specific remedies necessary for the design
patent infringement litigation?
Briefly explain the specific remedies necessary for the design
patent holder to recover the lost profits and reasonable
royalties in design infringement.
3. According to Tamplin (2022), a patent is a form of intellectual property
that protects an invention. It gives an inventor exclusive rights to produce,
use and sell their invention for a set period. There are three types of
patents available, which are utility patents, design patents and plant
patents.
A design patent protects a manufactured product’s ornamental features.
Examples of design patents include ornamental designs on jewellery and
the original curvy Coca Cola bottle.
Design patent infringement occurs when a company or person violets a
design patent’s terms. The patent holder may choose to sue the infringing
party to stop his or her activities as well as to claim compensation for the
unauthorized use.
4. To claim infringement, one must prove that an ordinary observer wouldn’t be able
to tell the difference between a patented object’s design and an accused object’s
design when both designs are side by side.
In 2013, Apple sued Samsung Electronics Company. Apple claimed that Samsung
violated Apple’s design patent on its iPhone design. Apple brought up violations of
certain features protected under the iPhone’s design patent. The jury favoured
Apple in this case and Apple received an award of $290 million in damages.
When you create a product design, you need to know if you are infringing on
someone’s intellectual property for design patent. If you hold a design patent,
watch for others who might try to copy your design. If you have a unique design
for a product, you need to make sure no patent already exists on a similar product.
5. If a company commits a design patent infringement, a patent holder may sue
them for damages. The damages might include money the patent holder lost
because people bought a copied product and or financial distress the company
faced during the time the copied product was for sale in the market place. The
company that infringes on a design patent may be sued in court. A lawsuit can
hurt a company’s reputation and cause the company to lose loyal customers.
A cease and desist letter is sent to the person or company infringing on the patent.
If a company or person continues to infringe on your design patent after you have
sent the letter, you can consider a legal action.
6. According to Dale e.t al (2022), preliminary injunction is a court order
made in the early stages of a lawsuit or petition which prohibits the
parties from doing an act which is in dispute, thereby maintain the status
quo until there is a final judgement after trial.
A good way to understand a preliminary injunction is to think of a trial as
a boxing match. The preliminary injunction is the bell that makes the
fighters return to their respective corners until a decision has been made.
Litigation is the process of taking a dispute to a court of law.
7. 1. Select Your Court Wisely.
Choosing the court to file your case in is vitally important when seeking preliminary
injunctive relief. Consider the different courts available to you to file your case and
research and evaluate whether the judges who may hear your motion (and the remainder
of your case) in each court are likely to grant the relief you seek. If your case is based on
a federal question or diversity jurisdiction is present, considering filing your case in
federal court. If your jurisdiction has a business court, filing the case there may also be a
good option. Both federal district courts and business courts likely have more expertise
with injunctions and may better understand the issues present in your case.
8. 2. Use the Complaint as the Starting Point.
While any preliminary relief must be requested in a motion and is typically
supported by a brief, it is beneficial to utilize the complaint as a starting point to
begin to argue for the relief you are requesting. The complaint should clearly lay
out how the case satisfies all of the necessary elements for a preliminary injunction
in your jurisdiction. When seeking a TRO, consider having someone with
knowledge of the facts alleged in the complaint verify the complaint. This
eliminates the need to draft affidavits, which saved time can be used to prepare for
the hearing. Although a verified complaint alone is also adequate at the preliminary
injunction stage, if time allows, consider using multiple affidavits to build
credibility on the facts contained in the verified complaint.
9. 3. Consider Seeking Expedited Discovery.
Rule 26(d) of the Federal Rules of Civil Procedure (and comparable state court
rules) allow courts to adjust the timing and sequence for conducting discovery. This
gives courts the discretion to order discovery on an expedited basis, so that it can
be conducted prior to a preliminary injunction hearing. Expedited discovery can be
sought on discrete issues that will bolter your case for injunctive relief. While this
process adds to the amount of work that must be completed in an already short
timeframe, it can uncover invaluable evidence to support your motion.
10. 4. Know All the Facts.
In the rush to prepare a brief, supporting affidavits, and potentially conducting expedited
discovery, it is easy to lose sight of preparing to argue your motion before the court.
Make sure that this task does not fall to the wayside. While completing these other
necessary tasks will jump start your hearing preparation, it is critical to spend time
getting to know all the facts that support your arguments and to anticipate and prepare
counterarguments to the points likely to be raised by defense counsel and the court.
Even in an ex parte TRO hearing, expect the judge to heavily scrutinize the evidence
you present. By knowing the facts and your supporting evidence, you can confidently
present your case to the court, which will bolster your claim for relief.
11. 1.Cease and Desist Letter
If you believe someone is infringing your design patent rights, a first step is
often to send a cease and desist letter to the infringing party. This letter
should contain the following information:
• An explanation of your intellectual property rights in the design patent,
including its registration information;
• A description of what the infringing activity constitutes, which may include
written information, photographs of the product, and screenshots
demonstrating the object being sold online;
• Legal analysis, explaining how the product infringes on your design patent
rights;
• A demand that the other party immediately cease and desist engaging in
infringing activity;
• A request for proof of compliance within 10 days;
• An explanation that, if proof of compliance is not received, you are prepared
to commence design patent infringement litigation.
12. 2. Injunction
is a court order requiring a person to do or cease doing a
specific action. A party may seek a preliminary injunction when
they will suffer irreparable harm that is, he will be harmed in a
way that a money judgment cannot fix while he waits on a final
resolution of his lawsuit.
13. The following remedies can be used by a patent holder to recover the
lost profits and reasonable royalties:
1. Monetary Relief
Monetary relief, in the form of compensatory damages, is available to
remedy patent infringement:
• Compensatory damages – A patent owner may recover lost profits for
infringement once they have established the value of the patent
• Increased damages – Up to three times the compensatory damages can
be recovered in cases of willful or deliberate infringement
• Time period for damages ‘ Rights to damages can be claimed only after
the date the patent was issued and extends back only 6 years from filing of
the infringement claim
14. 2. Equitable Relief
Injunctions are orders issued by a court ordering someone to do something
or prohibiting some act. Injunctions are available in two forms:
• Preliminary injunctions -Court orders made in the early stages of a
lawsuit or petitions which prohibit the parties from doing an act which is in
dispute (e.g. manufacturing patented product)
• Permanent injunctions -Final orders of a court that a person or entity
discontinue doing certain activities permanently or take certain actions.
3.Costs and Attorneys’ Fees
Costs are typically recoverable and, in rare cases where there has been
wilful infringement, so are attorneys’ fees.
15. 4. Disgorgement
It is the mandated repayment of all ill-gotten gains imposed on wrongdoers by the
courts. Funds that were received through illegal or unethical business transactions
are paid back, often with an interest and or penalties to those affected by the
action.