Damages (Trademark) Law and Legal Definition

Generally, damages is a monetary amount awarded to the plaintiff by the court in order to compensate the plaintiff for actual injury sustained by the actions of the defendant. In trademark cases, the basis of damages is typically the plaintiff's lost profits or defendant's profits as a result of the infringing activity. It can include prejudgment interest. Damages are also based on a reasonable royalty or the cost of corrective advertising. Court can award treble damages to the plaintiff where the court deems such damages as equitable and not punitive.