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While lost profits claims in trademark disputes are essentially similar to other lost profits claims, they differ in some unique ways, including what the infringed party may seek for compensation. Among those options set forth by the federal Trademark Act are lost profits, unjust enrichment, reasonable royalty, and corrective advertising. In part 3 of BVR's Advanced Webinar Series on Economic Damages, experts John Pilkinton and John Slafsky show how these cases differ from others through the unique legal and economic nuances often encountered.
Program Agenda
Trademark infringement
Introduction to Trademark litigation
The Lanham Act
Dilution
Infringement
Strength of mark
How a trademark generates value
Damages measurement in trademark infringement
Lost profits
Reasonable royalty
Unjust enrichment
Corrective advertising
Similarities and differences with other types of intellectual property infringement damages
Working with other experts
Appropriate measures of damages in common types of trademark infringement cases
Copyright infringement
Introduction to Copyright litigation
The Copyright Act
Expression vs. idea
Infringement
How a copyright generates value
Damages measurement in copyright infringement
Appropriate measures of damages in common types of copyright infringement cases
Learning Objectives
Learn how trademark and copyright damages are similar to and different from other lost profits calculations
Understand the legal framework in which trademark and copyright damages are calculated
Learn what constitutes, from a legal perspective, a trademark and a copyright and how that affects their value
Learn how to perform a trademark or copyright damage analysis
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