The sale of counterfeit goods damages the reputation of trademark owners. Proving a fair amount of damages is a difficult task for the right holder in court.
We invite legal advisers, manufacturers, and exporters to delve deeper into the topic of Proving damages in case of trademark infringement and join the debate of two experts: a lawyer and a forensic expert on economic damage assessment.
Why debate? The expert's approaches do not always coincide with the lawyer's opinion, so we will try to argue about the main problems of proving damages, using examples from Ukrainian and foreign case law.
Questions for discussion during the webinar:
- The nature of the damage to the TM: a decrease in the value of property or damage to reputation?
- How does the type of illegal use of TM affect losses?
- Is a hypothetical royalty the only way to prove a lost profit?
- Income received by the infringer: only profit or all income?
- The costs that the victim must make to restore the violated right - how to use in violation of the TM?
Counsel, Head of Intellectual Property Practice
Vasіl Kisil & Partners
Head of the Economic Research Department of the Center for Forensic Science and Expert Research
SE "Information Judicial Systems", forensic expert, appraiser, Ph.D. in law
We have prepared a blitz survey in the registration form to better understand the vision of companies on this issue. It will take up to 2 minutes of your time to complete the questionnaire. The results will be announced during the webinar.
Registration and blitz poll on the topic of the event at the link.
You can answer questions and leave your contacts for registration on December 5.
The organizers reserve the right to refuse registration.
If you have any questions, please contact Nataliia Hlukhenka, PR Assistant, firstname.lastname@example.org, 044 581 77 77