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
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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FAQ
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?.
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.
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.
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.
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.
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.
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 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.