Proving Damages in Trademark and Copyright Cases
Actual and Statutory Damages, Disgorgement, Willfulness, Burden Shifting, Use of Experts
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will guide IP counsel on proving damages in trademark and copyright litigation. The panel will examine the damages available 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 and offer best practices for addressing damages issues in IP litigation.
- Actual damages
- Statutory damages
- Use of experts
- Burden shifting
- Best practices for addressing damages in IP litigation
The panel will review these and other key issues:
- What types of damages may trademark and copyright owners pursue when they believe their rights have been infringed?
- What guidance do recent decisions offer for proving trademark damages? Copyright damages?
Mr. Leichtman is the managing partner of his trial law firm, formed after practicing for over 20 years in large law... | Read More
Mr. Leichtman is the managing partner of his trial law firm, formed after practicing for over 20 years in large law firms. He has tried a variety of complex matters in federal and state courts. He has first-chaired recent cases involving copyright ownership, infringement and validity claims; breach of fiduciary duty and fraud claims; patent inventorship claims; fraudulent conveyance claims; Consumer Fraud Act and unjust enrichment claims; and contract claims. The types of matters he handles include patent, copyright, trade secret and trademark cases, as well as other kinds of business litigation. His work also involves monetization of IP portfolios and licensing.Close
Bradley J. Walz
Barnes & Thornburg
Mr. Walz helps companies of virtually all sizes monetize, protect and enforce their intellectual property. On the... | Read More
Mr. Walz helps companies of virtually all sizes monetize, protect and enforce their intellectual property. On the transactional side, he works with clients to draft a variety of IP-related agreements including trademark, copyright, and patent licenses and assignments; trademark, copyright, and patent purchase agreements; master services agreements; and software development agreements, among others. Mr. Walz also counsels clients on data security and privacy compliance. On the protection side, he conducts trademark searches, and prepares and prosecutes trademark applications before the U.S. PTO, and copyright applications before the U.S. Copyright Office. On the enforcement side, Walz knows that it is critically important to understand a business and its potential exposure to liability before getting involved in a dispute or defending a dispute. He represents clients in federal district court involving trademark infringement, false advertising, unfair competition, deceptive trade practices, cybersquatting, and copyright infringement, and before the TTAB in trademark opposition, cancellation, and ex parte appeals.Close