A trademark is typically a name, word, phrase, logo, symbol, design or combination of such elements that is used to distinguish goods of a specific source from other similar goods. The United States Patent and Trademark Office maintains a database of registered trademarks that is open to the public. The law considers a trademark to be a type of property, and thus, holders of registered trademarks can recover damages for infringement. The remedies for trademark suits (i.e., disgorgement and lost profits) are established in the U.S. Trademark Act, also called the Lanham Act.
Federal law (Title 15 of the US Code) also states that when calculating the defendant’s profits, the plaintiff has the burden of proof solely for the defendant’s revenues. All costs and deductions from revenues must be proved by the defendant.
Trademark infringement suits require complex financial analysis by an experienced expert. Fulcrum Inquiry has extensive experience in calculating unjust enrichment and other legal remedies in a variety of intellectual property cases.