What are Trademark Counterfeiting Damages?

Damages for trademark counterfeiting include the same damages as trademark infringement plus an additional potential statutory damage:

Statutory damages may consist of the following amounts:

(1) [N]ot less than $1,000 or more than $200,000 per counterfeit mark per type of goods or servicessold, offered for sale, or distributed, as the court considers just; or

(2) if the court finds that the use of the counterfeit mark was willful, not more than $2,000,000 per counterfeit mark per type of goods or servicessold, offered for sale, or distributed, as the court considers just.

For more information, see our blog post, What are trademark counterfeiting damages under the Lanham Act?

---

Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.

This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.

© 2024 Klemchuk PLLC | Explore our services