Damages

The trademark owner can assert various claims against an infringer, including damages.

Anyone intentionally or negligently committing a trademark infringement is obligated to compensate the owner of the trademark for the damage caused by the infringing act.

Since it is difficult to compute the actual loss of profit in individual cases, injured parties may compute their loss in three different ways. On the one hand, they may demand the amount they could have demanded from the infringer as a license fee in the case of licensing (license analogy). On the other hand, they may claim the profit made by the infringer by way of the trademark infringement (skimming off the infringer’s profit). Alternatively, they may demand reimbursement of the profit lost by the infringer as a result of the infringement.