What are some of the types of damages that one can claim in intellectual property cases?

What are some of the types of damages that one can claim in intellectual property cases?

Answers (1)

Intellectual property law offers plaintiffs a wide array of potential economic remedies, depending on whether the infringement concerns trade secrets, copyrights, trademarks or patent. Some of the methods of recovery include the following:

(1) statutory damages (strictly in copyright and trademark cases)

(2) the defendant's ill-gotten profits (in non-patent cases)

(3) plaintiff's lost profits (available for infringement of patents, trademark, copyrights or trade secrets);

(4) reasonable royalty;

(5) goodwill injury (in a trademark case);

(6) corrective advertising (in a trademark case);

(7) costs of the action; and

(8) plaintiff's actual damages.

While there are some similarities in the measures of recovery for patent, trademark, trade secrets, and copyright infringement, the remedies also have distinguishing elements.

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