Proving Damages in Trademark and Copyright Cases

Description

The parties in trademark and copyright infringement cases need a comprehensive understanding of the potential damages. The facts of the case and (sometimes) where the lawsuit is filed will determine the damages options available, including statutory damages, the cost to prevent or correct consumer confusion, actual damages, reputational harm, and disgorgement.

Because there is little guidance in either the Copyright Act or the Lanham Act on damages recovery and the courts have broad discretion when dealing with monetary remedies, how the courts have interpreted the statutes and treated damages issues are not consistent. IP rights owners must demonstrate the measure of damages, i.e., through using the accused infringer's profits, proving actual damages or confusion, and loss of goodwill, among other factors.

Counsel must understand trademark and copyright infringement damages as it is essential when evaluating potential exposure at the time of the notice of infringement and when assessing potential recovery.

Listen as our authoritative panel of IP attorneys examines the damages available in trademark and copyright litigation as well as the factors to consider when determining which damages to seek. The panel will also discuss the use of experts and burden shifting situations. The panel will offer best practices for navigating damages issues in IP litigation.