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How are damages calculated? |
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If your trademark has been infringed, you may sue to recover:
(1) Actual damages, including lost profits, and injury to reputation. (While the Court has the discretion to double or triple this award if it deems it appropriate in the interests of justice, such awards are not frequently made.) or;
(2) Defendant's profits (plaintiff need only prove defendant's gross sales, which will be awarded in their entirety unless defendant proves deductions for costs),
(3) Attorney's fees, plus
(4) Post-Judgment Interest |
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