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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 video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, February 13, 2024

Recorded event now available

or call 1-800-926-7926

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.


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.



  1. Actual damages
  2. Statutory damages
  3. Disgorgement
  4. Use of experts
  5. Burden shifting
  6. Best practices for addressing damages in IP litigation
    1. Trademark
    2. Copyright


The panel will review these and other key issues:

  • What types of damages can 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?


Leichtman, David
David Leichtman

Managing Partner
Leichtman Law

Mr. Leichtman is the managing partner of his trial law firm, formed after practicing for over 20 years in large law...  |  Read More

Walz, Bradley
Bradley J. Walz

Taft Stettinius & Hollister

Mr. Walz helps companies of virtually all sizes monetize, protect and enforce their intellectual property. On the...  |  Read More

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