126What relief can be obtained from court

126 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.