What are some of the types of damages that one can claim in intellectual property cases?
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What are some of the types of damages that one can claim in intellectual property cases?
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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.
References:
Posted by Yara Zakharia on 21 Jan 2010
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