Trademark Litigation Damages: Maximizing Financial Recovery from Infringers

Trademark Litigation Damages: Maximizing Financial Recovery from Infringers

While stopping the infringing activity through an injunction is the primary goal of trademark litigation, securing a substantial financial recovery is essential to compensate for past harm and deter future infringement. The Lanham Act (15 U.S.C. § 1117) provides a flexible framework for calculating and maximizing damages, but it requires a sophisticated legal and financial strategy.

The Three Avenues of Monetary Recovery

1      Plaintiff's Actual Damages: This includes the measurable financial harm my client suffered due to the infringement, such as lost sales, lost profits, and the cost of corrective advertising. Proving this requires expert testimony from forensic accountants and economists.

2      Defendant's Profits (Disgorgement): I can seek to recover the profits the infringer made from the unauthorized use of the mark. This is a powerful remedy because the burden shifts to the defendant to prove any costs or deductions. If the infringement was willful, this recovery is often granted to prevent unjust enrichment.

3      Enhanced Damages (Treble Damages): If I can prove that the defendant's infringement was willful (intentional, deliberate, or in bad faith), the court has the discretion to increase the damage award up to three times the amount of actual damages or profits. Proving willfulness is a key strategic objective in every case.

The Role of Attorneys' Fees

In "exceptional cases," the court may award my client their reasonable attorneys' fees. An exceptional case is typically one involving willful infringement, bad faith, or malicious conduct. Securing an award of attorneys' fees can make the difference between a costly victory and a complete financial recovery.

My litigation strategy is designed not only to stop the infringement but also to maximize your financial recovery. I work closely with financial experts to build an unassailable case for damages that holds infringers fully accountable.

Legal Disclaimer

This article is intended for informational purposes only and does not constitute legal advice. The information provided herein is general in nature and may not apply to your specific circumstances. Trademark law is complex and constantly evolving. Therefore, you should consult with a qualified intellectual property attorney for advice tailored to your individual needs and situation. No attorney-client relationship is formed by reading this article.