Recent multi-million dollar verdicts and mounting pressure for trademark protection programs to pay their own way have led to an increased interest in monetary recovery in trademark litigation. The INTA focused on this issue at their 132nd Annual Meeting in Boston this year with an advanced level program, entitled “Monetary Remedies in Trademark Cases.” Moderated by Kay Scholer’s Paul Llewellyn, Weston Anson, Chairman of CONSOR Intellectual Asset Management, and Charlie Henn of Kilpatrick Stockton discussed these issues in a point / counter-point format presenting the complementary views of the attorney and the business expert.
This program addressed the availability of damages in trademark litigation, as well as the practical issues of proving various forms of monetary relief and how to quantify the damages. Issues discussed will include the types of expert evidence that can be used to prove lost sales and royalties, damage to the value of your mark, or other potential monetary injuries. Practical and strategic considerations that should be taken into account when using expert evidence in obtaining monetary relief for trademark infringement were also explored.