Intellectual Property Remedial Options

	Injunction	Refuse Injunction	Lost Profits	Reasonable Royalty	Disgorge Profits	Harm to Reputation	Costs of Corrective Measures
Copyright	502	sometimes (#1)	504(b)	-	504(b)	-	-
Patent	283	shop rights; patent misuse	284	284	-	-	-
Trademark	1116(a)	-	1117(a)	1117(a)	1117(a)	1117(a)	1117(a)
Trade Secret	2(a)	2(b)	3(a)	yes (#2)	3(a)	-	maybe (#3)

Details

Note 1: In special circumstances, courts in copyright cases may refuse to issue injunctions and instead require the defendant to pay -- and the plaintiff to accept -- a royalty fixed either by the court or by an administrative tribunal. The principal situations in which such compulsory royalties are available are:

Note 2: See Restatement Third of Unfair Competititon section 45, comment g.

Note 3: Successful plaintiffs in trade-secret suits may be able to recover the costs of security measures they undertook to resist the defendant's piracy. In Telex Corp. v. International Business Machines Corp., 510 F.2d 894, 933 (1975), the Court of Appeals for the Tenth Circuit seemed receptive to such a recovery, although it concluded that such damages were not warranted on the facts of the case before it.

Note 4: Some states have adopted statutes establishing criminal penalties for theft of trade secrets. In 1996, Congress dramatically enhanced those penalties with the Economic Espionage Act, 18 U.S.C. secs. 1831-1832.