Trademarks serve a "source identification" role in markets. Damages for trademark infringement are normally therefore limited to the set of transactions for which the alleged infringement has made it likely that buyers may be confused, and can incorporate the patent holder's lost profits (including lost sales and price erosion, depending on the nature of the "but-for" marketplace), the misappropriating party's unjust enrichment, or a reasonable royalty that emerges from a hypothetical negotiation between a willing licensee and licensor and are informed by their respective non-misappropriating alternatives. Disgorgement can also be a remedy.
Experienced providing trademark damages expert testimony and consulting on behalf of plaintiffs and defendants in several industries, including the following.