Legal Question in Intellectual Property in Indiana
Trademark Damages
How are trademark damages awarded in Indiana? Are they awarded based on actual damages, or are they based on the infringing parties profits, or a combination of both?
Asked on 2/23/02, 3:24 pm
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
Re: Trademark Damages
Under the Lanham Act, the answer is BOTH (actually either). Most states are the same for state-law trademark infringement.
Answered on 2/23/02, 4:56 pm
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