Infringers’ profits: lessons from trademark valuation

Trademark infringement and related causes of action in the United States sometimes include plaintiffs’ claims seeking infringers’ profits. In some instances such claims have been described as excessive or disproportionate in the context of the defendant’s business or other facts. This article briefly describes some of the reasons why this occurs and outlines potential approaches to apportionment of infringers’ profits which may help to solve the problem. In particular, it is proposed that generally accepted methods used by professional appraisers to conduct trademark valuation and similar projects may provide solutions.

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