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15.28 Trademark Damages-Plaintiff's Statutory Damages

15.28 Trademark Damages-Plaintiff's Statutory Damages

Name: 15.28 Trademark Damages-Plaintiff's Statutory Damages
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Federal - Jury Instructions - 9th Circuit - Civil

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Multi-State

Control #:

US-JURY-9THCIR-15-28

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 15.28 Trademark Damages-Plaintiff's Statutory Damages is a type of damages awarded to a plaintiff in a trademark infringement suit. These damages are meant to compensate the plaintiff for lost profits and other economic losses due to the infringement. Plaintiff's Statutory Damages are typically awarded when actual damages are difficult to calculate or prove. They are also meant to deter future infringement and punish willful infringement. There are two types of 15.28 Trademark Damages-Plaintiff's Statutory Damages: Actual Damages and Punitive Damages. Actual damages are based on the profits lost due to the infringement and are typically calculated using evidence such as financial statements or market research. Punitive damages are meant to deter future infringement and punish willful infringement. These damages are typically higher than actual damages and are awarded at the discretion of the court.

15.28 Trademark Damages-Plaintiff's Statutory Damages is a type of damages awarded to a plaintiff in a trademark infringement suit. These damages are meant to compensate the plaintiff for lost profits and other economic losses due to the infringement. Plaintiff's Statutory Damages are typically awarded when actual damages are difficult to calculate or prove. They are also meant to deter future infringement and punish willful infringement. There are two types of 15.28 Trademark Damages-Plaintiff's Statutory Damages: Actual Damages and Punitive Damages. Actual damages are based on the profits lost due to the infringement and are typically calculated using evidence such as financial statements or market research. Punitive damages are meant to deter future infringement and punish willful infringement. These damages are typically higher than actual damages and are awarded at the discretion of the court.

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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.

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?.

If the court finds that the trade dress infringement in question involved willful use of counterfeit trade dress, it can award statutory damages of up to $2 million per counterfeit trade dress per type of goods or services sold or distributed.

The most common defenses in trademark infringement, unfair competition and trademark dilution suits include descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the registration, and application of the First Amendment.

Unlike Actual Damages, which are the losses suffered by the copyright owner as a result of the infringement, Statutory Damages provide copyright holders with an alternative to resolve an infringement case because they can qualify just by proving the infringement took place.

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.

There are many examples of statutory damages. For example, under copyright laws, a plaintiff could receive compensation valued at between $750 and $30,000 for each incident of copyright infringement, or could collect as much as $150,000 per incident of willful copyright infringement.

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The court shall assess such profits and damages or cause the same to be assessed under its direction. Lost Profits of Plaintiff.• Reasonable Royalty. Proof of physical injury on the person of the victim or proof that the petitioner has reported the sexual assault to law enforcement. A rights owner can bring an action for trademark infringement under the Lanham Act1.

15.28 Trademark Damages-Plaintiff's Statutory Damages

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What are the statutory damages for the Lanham Act?

What are the trademark damages under the Lanham Act?

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What are the statutory damages for trade dress infringement?

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What are the statutory damages for trademark infringement?

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