A trademark is a word, name, symbol, or design used to distinguish the goods or services of one seller from others. Anyone in commerce depends on their reputation and trademarks are a necessary part of that. As such they are protected.

When a third-party uses a trademark without authorization, the trademark holder may be entitled to compensation for several reasons. A trademark damages expert will be able to calculate a fair compensation amount based on economic data.

Unfairly Gained Profits

First, the infringer has profited by their use of your mark. You can recover those profits. A trademark damages expert can determine, using accepted accounting standards, what profits were derived from the unauthorized trademark. The infringer is entitled to deduct reasonable expenses to reduce the damages you receive. Your expert can make sure their deductions are reasonable and correct.

Actual Damages

Secondly, you have suffered damages due to the use of your trademark. The infringer may have competed with your own product. A damages expert can determine what portion of your own sales were lost due to that unfair competition.

Additionally, the trademark is a symbol of your product, and the loss of goodwill and damage to your own reputation can be significant. A damages expert can examine the status of your goodwill before and after the infringement and assign a value to that damage as well.

Royalties

Finally, as the owner of a trademark you are entitled to a reasonable royalty for any use of that mark. Here, too, a trademark damages expert can determine what compensation you are entitled to using prevailing market pricing.

Contact us for more information about calculating damages due to trademark infringement.

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