954-533-0825
contact menuMenu

Protecting Your Rights Personalized and Knowledgeable Legal Representation

3 kinds of damages you can claim for Trademark infringement

When a Fort Lauderdale business discovers that another party has infringed on one of its Trademarks, usually stopping the infringement is the victim’s top priority. And rightfully so; you registered your trademarks so that only your business can use them to market your goods or services to the public.

An injunction will stop the infringement and affirm your exclusive right to your Trademarked material. But it is not the only damages the plaintiff in a Trademark infringement case can seek. It is also possible to receive monetary damages.

There are three types of compensation for Trademark infringement:

1. Gross Profits. The defendant’s gross profits based on the infringement may be compensable. This is the profits from using the Trademarked mark, minus the expenses the plaintiff would have incurred to earn those profits, such as production costs.

2. Actual damages. This refers to the losses incurred by the plaintiff because of customer confusion caused by the infringement. The plaintiff must prove its actual losses, and in some cases also prove actual confusion or deception, to collect.

3. Lost Profits. As opposed to actual damages, this type of damages is to compensate the plaintiff for profits it would have made had the defendant not infringed on the plaintiff’s Trademark.

Because the verdict in a Trademark infringement lawsuit can cost either party a lot of money, it is very important that a business involved in a Trademark dispute retain an experienced Intellectual Property attorney to help them examine the evidence and build a solid legal strategy.

Source: Inside Counsel, “The 3 types of trademark damages claims an economic expert can help prove,” Devon Zastrow Newman, Apr. 10, 2015

No Comments

Leave a comment
Comment Information
email us for a responseemail us for a response

Contact Attorney Debra Fein Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Fein Law, LLC
633 S. Andrews Avenue, Suite 200
Fort Lauderdale, FL 33301

Phone: 954-533-0825
Fort Lauderdale Law Office Map

315 S.E. 7th Street, Suite 301 Fort Lauderdale, FL 33301
Review Us