Document ID: chunk:federal_register_of_legislation:C2024C00545:section:126
Version: federal_register_of_legislation:C2024C00545
Segment Type: section
Provision Reference: s 126
Character Range: 168768–169781

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.