15.29 Trademark Damages-Defendant's Profits refers to monetary compensation to the plaintiff in a trademark infringement case in the form of the defendant's profits derived from the infringing activity. This is one of three types of damages available to a plaintiff in a trademark infringement lawsuit, the other two being statutory damages and plaintiff's lost profits. The purpose of these damages is to prevent the defendant from profiting from their infringement. The amount of damages awarded is based on the defendant's profits gained from the infringement and the market value of the trademark.
15.29 Trademark Damages-Defendant's Profits
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US-JURY-9THCIR-15-29
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
15.29 Trademark Damages-Defendant's Profits refers to monetary compensation to the plaintiff in a trademark infringement case in the form of the defendant's profits derived from the infringing activity. This is one of three types of damages available to a plaintiff in a trademark infringement lawsuit, the other two being statutory damages and plaintiff's lost profits. The purpose of these damages is to prevent the defendant from profiting from their infringement. The amount of damages awarded is based on the defendant's profits gained from the infringement and the market value of the trademark.
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