What can a trademark owner recover if their trademark is infringed?

When a trademark is infringed, the trademark owner can recover three times the profits made by the infringer or the damages suffered by the trademark owner due to the infringement. This is known as statutory damages, which are designed to provide a deterrent against further violations and to encourage enforcement of trademark rights. The ability to recover this amount reflects the seriousness of trademark infringement, acknowledging the financial impact on the trademark owner and incentivizing compliance with trademark laws.

The option of recovering only legal fees does not address the actual damages or profits lost, which are key aspects of trademark protection. Similarly, compensating solely for the original investment fails to take into account the potential profits lost as a result of the infringement. Lastly, compensation for distress does not fall under trademark law; trademark infringement is regarded primarily from a financial perspective rather than from emotional harm, making that option irrelevant in this context.

Overall, the choice that allows for the recovery of substantial damages, including potential profits, captures the full impact of infringement on a trademark owner's business and rights.