Infringer’s profit

The trademark owner can assert various claims against an infringer, including damages in the amount of the profit the infringer has made from the trademark infringement.

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, infringed parties may choose between three alternatives as to how the damage incurred is to be compensated. On the one hand, they may compute the concrete lost profit or have it estimated by the court to the extent possible. They also have the option of either claiming the amount which they could have claimed from the infringer as a license fee in the case of licensing (license analogy) or claiming the profit made by the infringer as a result of the trademark infringement (infringer’s profit).