How are damages measured in a trademark infringement case?
Damages in an infringement case can be based on the reasonable profit the owner would have made if the infringement had not occurred. Alternatively, the court may look at the actual profit the defendant earned through the infringing activity. Section 156.1 Intellectual Property Code of the Philippines adds that if these amounts cannot be determined, the court may award a percentage of the defendant’s gross sales. This flexible approach ensures that the injured party is fairly compensated for their losses,. “156.1. The owner of a registered mark may recover damages from any person who infringes his rights, and the measure of the damages suffered shall be either the reasonable profit which the complaining party would have made… or the profit which the defendant actually made” January 7, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
