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.
In 2025, the Supreme Court provided some clarity on the scope of trademark defendants' profits, holding that under the Lanham Act a defendant's profits are limited to profits properly ascribable to the defendant itself. The Court concluded the lower courts should not have awarded profits from affiliated companies that were not named defendants in the suit. Dewberry Group v. Dewberry Engineers (U.S. 2025)
The Supreme Court expanded the potential recovery period for copyright damages in Warner Chappell Music v. Nealy (U.S. 2024), concluding the Copyright Act does not impose a three-year cap on damages. Further, copyright damages have been key in the AI litigation that has exploded over the last few years.
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
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.
Ms. Rouser focuses her practice on policing, defending, and enforcing intellectual property rights in the United States and internationally, specifically in the areas of trademark, trade dress, trade secrets, copyright, false advertising, and unfair business practices. She has experience in intellectual property litigation, domestic and international trademark prosecution and enforcement, management of global trademark and domain name portfolios, and copyright registration and litigation.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, October 6, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Actual damages
II. Statutory damages
III. Disgorgement
IV. Use of expert evidence and consumer data
V. AI
VI. Best practices for addressing damages in IP litigation
A. Trademark
B. 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?
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