The United States’ trademark infringement law is based on federal and state statutes, as well as, common law. The U.S. Trademark Act, also known as the Lanham Act, is part of Title 15 of the U.S. Code and prohibits trademark infringement, trademark dilution and false advertising.

Campos & Stratis understands equitable remedies, burden of proof, corrective advertising, apportionment and deductible costs associated with Lahanam Act damages. We clarify complex fact patterns, and present our findings in precise, clearly supported Rule 26 expert reports, backed by the evidence. Our representative trademark cases highlight some of the engagements in which we have applied our expertise.

Plaintiffs are entitled to a wide range of remedies under federal law and are frequently awarded injunctions against further infringing or diluting use of the trademark. Monetary relief may also be avaliable.¹

The Lanham Act provides direction in trademark damage calculations and states that the plaintiff can recover trademark damages, including “(1) the defendant’s profits, (2) any damages sustained by the plaintiff, and (3) the costs of the action.” ²  Further, the Act states that the plaintiff is required to prove only the defendant’s revenue – the defendant must “prove all elements of cost or deduction claimed.” ³ In addition, "the court may enter judgment, according to the circumstances of the case, up to three times actual damages or profits.” ⁴

• Bell Helicopter v. IAC, Ltd.
• Blue Rhino Corporation v. White Rose Propane, LLC
• H&R Block v. Intuit, Inc.
• Smile, Inc. v. BriteSmile, Inc.

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