les Nouvelles - September 2014

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Determining An Appropriate Royalty Rate For Reasonable Royalty Trademark Damages

David Drews

IPmetrics LLC

When a plaintiff believes that its trademark has been infringed, an important element is oftentimes the determination of damages suffered by the plaintiff. At the federal level, the calculation of damages is dictated by the Lanham Act. Once liability has been proven, the Lanham Act provides for the recovery of defendant's profits, actual damages sustained by the plaintiff and the costs of the action, subject to principles of equity.

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