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15.26 Trademark Damages-Actual or Statutory Notice

15.26 Trademark Damages-Actual or Statutory Notice

Name: 15.26 Trademark Damages-Actual or Statutory Notice
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Federal - Jury Instructions - 9th Circuit - Civil

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Multi-State

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US-JURY-9THCIR-15-26

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 15.26 Trademark Damages-Actual or Statutory Notice is a type of legal remedy available to holders of registered trademarks, which provides them with a way to recover monetary damages if their trademark is infringed upon. Trademark Damages-Actual or Statutory Notice can be either “actual” damages or “statutory” damages. Actual damages are based on calculations such as lost sales, profits, and other losses caused by the trademark infringement. Statutory damages are determined by a judge and are based on a set amount provided by law. Depending on the severity of the infringement, the judge can award from $500 to over $200,000 in statutory damages.

15.26 Trademark Damages-Actual or Statutory Notice is a type of legal remedy available to holders of registered trademarks, which provides them with a way to recover monetary damages if their trademark is infringed upon. Trademark Damages-Actual or Statutory Notice can be either “actual” damages or “statutory” damages. Actual damages are based on calculations such as lost sales, profits, and other losses caused by the trademark infringement. Statutory damages are determined by a judge and are based on a set amount provided by law. Depending on the severity of the infringement, the judge can award from $500 to over $200,000 in statutory damages.

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Trademark Damages Under the Lanham Act These five types include, disgorgement of the defendant's profits, actual damages, reasonable royalties, attorneys' fees in extraordinary cases, and costs.

Thus, a trademark owner may recover the following categories of monetary damages under the Lanham Act: (1) disgorgement of the defendant's profits; (2) actual damages, (3) reasonable royalty, (4) attorneys' fees in exceptional cases, and (5) costs. See 15 U.S.C. § 1117(a).

Trademark Counterfeiting Damages ? Statutory Damages Therefore, a plaintiff could recover a statutory damage award of at a minimum $1,000 per counterfeit mark per type of good or service to a maximum of $200,000 for the same.

The Lanham Act provides for three categories of damages that the court may award to a successful trademark infringement Plaintiff: (1) Actual Damages, (2) Disgorgement of the Infringer's Profits, and (3) Attorney's Fees and Costs. Disgorgement of Profits.

Statutory damages for non-willful infringement range from $1,000 ? $200,000 for each type of counterfeit mark sold or offered. If the infringement was committed willfully, a court may award up to $2,000,000 for each type of counterfeit good sold or offered.

Statutory damages are awarded ?per work? infringed (i.e., each individual copyrightable work, like a single song, book, or photograph). This means that if five songs, or five photographs, are infringed, the copyright owner would be able to recover a statutory damage for each one, for a total of five awards.

To claim punitive damages, two requirements must be met, namely, intent to infringe and serious circumstances. The Civil Code stipulates that the subjective element of punitive damages is ?intentional?, and the Trademark Law and the Anti-Unfair Competition Law stipulate that it is ?bad faith?.

More info

15 U.S. Code § 1111 - Notice of registration; display with mark; recovery of profits and damages in infringement suit. As these statutory requirements receive little attention, trademark infringement actions rely upon a private scheme of notice through.Notice of registration; display with mark; actual notice. TITLE IV - CLASSIFICATION. Nevada Jury Instruction 5. 1: Measure of Damages . 15. 26 "Trademark Damages – Defendant's Profits.

15.26 Trademark Damages-Actual or Statutory Notice

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