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Payment for Trademark Infringement - What is fair?

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MDC29

Member
Nevada
We have discovered another party who has simply copied and utilized our registered trademark, with the further audacity to represent the trademark as his own. In addition to a cease and desist letter, we are going to make a demand seeking fair and equitable payment for the illegal use of our trademark.

Can I get a suggestion as to what percent of the offending parties' revenue would be considered fair and equitable prior to and in the hope of avoiding litigation?

Thanks for any info or suggestions anyone can offer.
 


divgradcurl

Senior Member
Nevada
We have discovered another party who has simply copied and utilized our registered trademark, with the further audacity to represent the trademark as his own. In addition to a cease and desist letter, we are going to make a demand seeking fair and equitable payment for the illegal use of our trademark.

Can I get a suggestion as to what percent of the offending parties' revenue would be considered fair and equitable prior to and in the hope of avoiding litigation?

Thanks for any info or suggestions anyone can offer.
There is no set amount. One thing, though, revenues are typically not the basis for recovery -- profits are, and one would typically ask for all of them, along with compensation for damage to your company's "goodwill."
 

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