Damages

Damages refers to the harm caused to one individual or entity by another when that other individual or entity has infringed on a trademark. In a case where someone has violated the rights of the owner of a trademark registered with the United States Patent and Trademark Office, the owner is entitled to receive the following damages. First, the owner can receive any profits made by the defendant through use of the trademark. Second, the owner can receive compensation for any direct damages to the owner of the trademark because of the infringement. Third, the owner can receive any costs to the owner related to pursuing legal action against the defendant. These costs may include attorney fees.

To obtain the defendant's profits, the trademark owner must prove the amount of sales the defendant obtained through the infringement. The defendant must prove the cost of sales that they can then deduct from sales to calculate profit. Typically, the profits from trademark infringement are relatively small.

Damages from trademark infringement may also include treble damages or statutory damages.