• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Trademark and Copyright
  • schedule 90 minutes

Proving Damages in Trademark and Copyright Cases

Actual and Statutory Damages, Disgorgement, Willfulness, Burden Shifting, Use of Experts

About the Course

Introduction

This CLE course will guide IP counsel on proving damages in trademark and copyright litigation. The panel will examine the damages available as well as the factors to consider when determining which damages to seek. The panel will also discuss the use of experts and burden shifting situations and offer best practices for addressing damages issues in IP litigation.

Description

The parties in trademark and copyright infringement cases need a comprehensive understanding of the potential damages. The facts of the case and (sometimes) where the lawsuit is filed will determine the damages options available, including statutory damages, the cost to prevent or correct consumer confusion, actual damages, reputational harm, and disgorgement.

Because there is little guidance in either the Copyright Act or the Lanham Act on damages recovery and the courts have broad discretion when dealing with monetary remedies, how the courts have interpreted the statutes and treated damages issues are not consistent. IP rights owners must demonstrate the measure of damages, i.e., through using the accused infringer's profits, proving actual damages or confusion, and loss of goodwill, among other factors.

Counsel must understand trademark and copyright infringement damages as it is essential when evaluating potential exposure at the time of the notice of infringement and when assessing potential recovery.

Listen as our authoritative panel of IP attorneys examines the damages available in trademark and copyright litigation as well as the factors to consider when determining which damages to seek. The panel will also discuss the use of experts and burden shifting situations. The panel will offer best practices for navigating damages issues in IP litigation.

Presented By

David Leichtman
Partner
Ellenoff Grossman & Schole LLP

Mr. Leichtman a member of the Firm, has tried a variety of complex matters in federal and state courts around the country. Recent trials he has first-chaired have involved: patent infringement; copyright infringement and ownership; breach of fiduciary duty; fraud; unjust enrichment; and contract claims. The types of matters Mr. Leichtman handles include patent, copyright, trade secret and trademark cases, as well as other kinds of commercial litigation involving business torts. He has significant experience in a variety of industries including life sciences; arts, media, entertainment and information; financial services; consumer electronics; and the retail industries. His work also involves the monetization of IP portfolios and licensing. Mr. Leichtman served as the Chairman of the Board of Directors for Volunteer Lawyers For The Arts from 2009-2018, and he continues to serve on its board and executive committee. He also serves on the Board of Trustees of The Copyright Society, the Boad of Advisors of the Kernochan Center for Law, Media & The Arts at Columbia Law School, and is the Treasurer of the Board of Directors of the University Musical Society at the University of Michigan.

Bradley J. Walz
Partner
Taft Stettinius & Hollister LLP

Mr. Walz helps companies of virtually all sizes monetize, protect and enforce their intellectual property. On the transactional side, he works with clients to draft a variety of IP-related agreements including trademark, copyright, and patent licenses and assignments; trademark, copyright, and patent purchase agreements; master services agreements; and software development agreements, among others. Mr. Walz also counsels clients on data security and privacy compliance. On the protection side, he conducts trademark searches, and prepares and prosecutes trademark applications before the U.S. PTO, and copyright applications before the U.S. Copyright Office. On the enforcement side, Walz knows that it is critically important to understand a business and its potential exposure to liability before getting involved in a dispute or defending a dispute. He represents clients in federal district court involving trademark infringement, false advertising, unfair competition, deceptive trade practices, cybersquatting, and copyright infringement, and before the TTAB in trademark opposition, cancellation, and ex parte appeals.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, February 13, 2024

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Actual damages
  2. Statutory damages
  3. Disgorgement
  4. Use of experts
  5. Burden shifting
  6. Best practices for addressing damages in IP litigation
    1. Trademark
    2. Copyright

The panel will review these and other key issues:

  • What types of damages can trademark and copyright owners pursue when they believe their rights have been infringed?
  • What guidance do recent decisions offer for proving trademark damages? Copyright damages?