To make matters worse, if the infringement at issue involves a counterfeit, a trademark owner may recover up to three times the infringer’s profits or the trademark holder’s damages—whichever is greater—plus attorneys’ fees incurred in the action. Thus, in this example, if your total profits from the Rinky Dinky transaction were $40,000, Dunkin’ Donuts may be entitled to damages in the amount of $120,000 ($40,000 X 3), plus the attorneys’ fees that Dunkin’ Donuts incurred in prosecuting the action. Alternatively, a trademark holder may elect to recover statutory damages, which can range from $500 to $1,000,000 per trademark infringed. The trademark owner has the right to make such an election prior to trial. Often, if actual damages or profits are difficult to prove or the counterfeiter’s financial records are suspect, trademark owners elect to recover statutory damages.
- People:
- Lisa A. Lori
- Places:
- United States