The Lanham Act affords considerable flexibility to successful plaintiffs in establishing injury and calculating damages, both in trademark infringement and false advertising cases.  Courts recognize that determining the extent of lost profits and other harms from trademark or advertising violations is challenging, and will award damages based on fairly imprecise estimates.  Nevertheless, the law requires that damages claims not be overly uncertain or speculative, and the plaintiff must prove by a preponderance of the evidence that it has been or is likely to be injured.  These issues have played out recently in a prominent group of advertising cases centered on pomegranate juice.  A litigator and damages expert involved in the cases explain the liability issues and how the various parties set out to establish or challenge injury and damages, with varying degrees of success.

 

Who Should Attend:

  • Corporate IP Professionals
  • Corporate Licensing Executives
  • In-House Counsel
  • Business Development Professionals
  • Technology Transfer Professionals
  • Attorneys
  • Consultants
  • Academics
  • Students

 

Seminar Information
Date Presented:
August 08, 2012 1:00 PM Eastern
Length:
1 hour, 30 minutes
Registration Fee:
Free
Lessons from the Juice Wars: Case Study in Lanham Act Damages Calculations
Speaker Information
Thomas Britven   [ view bio ]
August Horvath   [ view bio ]
Individual topic purchase: Selected
Licensing Executives Society (USA & Canada)
CLE (California): 1.50
CLE (Illinois): 1.50
Certified Licensing Professionals, Inc.: 1.50
Products
On-Demand
LES Member Price:$0.00
Non-Member Price:$0.00