A guide to damages calculations for trade mark infringement

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

A guide to damages calculations for trade mark infringement

Managing IP Correspondent
July 16 2014

Courts in the EU have wide discretion to set damages in trade mark infringement cases. Bonita Trimmer explains the factors they take into account so IP owners can shape their litigation strategies

Unlock this content.

The content you are trying to view is exclusive to our subscribers.

To unlock this content:

Take a Free Trial or Login

Topics

Features
managing-ip.png
Managing IP Correspondent
Contact
more from across site and SHARED ros bottom lb

More from across our site

Copyright
View of marble columns and greek classical architecture of the U
‘A lot at stake’: counsel predict Cox victory in SCOTUS dispute
Attorneys explain why there are early signs that the US Supreme Court could rule in favour of ISP Cox in a copyright dispute
Rani Mehta, July 11 2025
Patents
Offene Türen im Sonnenlicht
Weekly take: UPC hiring boom shows the stakes have been upped
A swathe of UPC-related hires suggests firms are taking the forum seriously, as questions over the transitional stage begin
July 11 2025
Patents
AdobeStock_376438968_Editorial_Use_Only.jpg
This week on MIP: Huawei’s UK setback | Rubik’s cube loses shape TMs
A win for Nintendo in China and King & Spalding hiring a prominent patent litigator were also among the top talking points
Sukanya Sarkar, July 11 2025
Copyright
New York, USA - 30 June 2024: Getty Images Logo on Phone Screen, Company Icon
Getty v Stability AI: an observer’s view
Rebecca Newman at Addleshaw Goddard, who live-reported on the seminal dispute, unpicks the trials and tribulations of the case and considers its impact
Rebecca Newman, July 11 2025
Trademarks
Victoria, BC, Canada - June 5, 2025: Lululemon is a premium athletic clothing company founded in Canada in 1998 and grown to have over 700 stores worldwide and also sells online.
Lululemon complaint could set trade dress example: counsel
Attorneys predict how Lululemon’s trade dress and design patent suit against Costco could play out
Rani Mehta, July 10 2025
Patents
EuropeNASA
The UPC: taking stock after two transformative years
Lawyers at Linklaters analyse some of the key UPC trends so far, and look ahead to life beyond the transition period
Julia Schönbohm, July 10 2025
Trademarks
Rodrigues_David_ex.jpg
Robinson+Cole partner excited to join corporate environment
David Rodrigues, who previously worked at an IP boutique, said he may become more involved in transactional work at his new firm
Rani Mehta, July 10 2025
Patents
Dolby.jpg
Breaking: Delhi court orders $2.3m security deposit in Dolby v Lava SEP dispute
Indian smartphone maker Lava must pay $2.3 million as a security deposit for past sales, as its dispute with Dolby over audio coding SEPs plays out
Sukanya Sarkar, July 10 2025
Patents
Urban panoramic cityscape view of Dusseldorf old town and transportation waterway of the whole of Germany - the Rhine River, along which large barges and small ships are sailing
Powell Gilbert hails ‘landmark’ moment with Germany launch
Powell Gilbert’s opening in Düsseldorf, complete with a new partner hire, continues this summer’s trend of UPC-related lateral movement
Max Walters, July 09 2025
Trademarks
MIP Podcast newsletter header banner sample-2000.jpg
Podcast special: Ringside with Brandsmiths and Bird & Bird
IP leaders at Brandsmiths and Bird & Bird, who were on opposing sides at the UK Supreme Court in Iconix v Dream Pairs, unpick the landmark case and its ramifications
Max Walters, July 09 2025
Gift this article