Trademark Infringement Damages

Hampton IP is a leader in the field of trademark monetary remedies. We regularly help clients value trademarks and calculate monetary remedies for Lanham Act violations and common law trademark infringement. 

Experts in Lanham Act Equitable Remedies

Our team of economic damage experts understand the nature and distinct characteristics of Lanham Act equitable remedies. 

• Our in-depth Lanham Act knowledge and experience enable us to accurately calculate damage elements unique to trademark and unfair competition claims, such as the shift in burden-of-proof to the defendant, an accounting of the defendant’s infringing profit, apportionment, deductible costs, corrective advertising, and reasonable royalty damages.
• We clarify complex fact patterns, and present our findings in precise, clearly written Rule 26 Reports and give persuasive trial testimony, supported by the evidence.
• Our representative trademark case summaries highlight some of the engagements in which we have applied our understanding of Lanham Act remedies.
• Hampton IP experts have testified in high-profile trademark infringement litigation involving Fortune 500 companies and leading law firm across the country

Plaintiffs are entitled to a wide range of monetary remedies under the Lanham Act and are frequently awarded injunctions against further infringement use of the trademark.

Title 15 of the U.S. Code identifies monetary remedies:

“When a violation of any right of the registrant of a mark registered in the Patent and Trademark Office, a violation under section 43(a) or (d) [15 USC 1125(a) or (d)], or a willful violation under section 43(c) [15 USC 1125(c)], shall have been established in any civil action arising under this Act, the plaintiff shall be entitled to the provisions of sections 29 and 32, and subject to the principles of equity, to recover (1) defendant's profits, (2) any damages sustained by the plaintiff, and (3) the costs of the action.”

Under the Lanham Act, a plaintiff can recover monetary remedies including (1) the defendant’s profits, (2) any damages sustained by the plaintiff, and (3) the costs of the action. Moreover, the Lanham Act required plaintiffs to establish infringing revenue—the defendant must “prove all elements of cost or deduction claimed.” In addition, “the court may enter judgment, according to the circumstances of the case, up to three times actual damages or profits.