How Do I Prove Damages in an Intellectual Property Case?
When you create intellectual property, whether it’s a trademark, copyright, or patent, the last thing you anticipate is someone blatantly infringing upon your rights. Unfortunately, however, this is not uncommon, and infringement can take a serious financial toll on your business. As such, the following blog explores what you should know about these matters, including how to recover compensation for damages you have suffered as a result of intellectual property infringement. In addition, you’ll learn the importance of working with a Bergen County, NJ intellectual property attorney to assist you in the fight for your rights during these complex times.
What Counts as Financial Harm in an Intellectual Property Case?
In an intellectual property case, financial harm, or actual damages, occurs any time there is a real financial loss suffered by the infringement. This can include lost sales, partnerships, or even a reduced market value of your brand. For example, if someone uses your family-friendly trademark for their adult-oriented product, it can not only cost you sales, but it can also hurt the reputation of your brand.
It’s important to understand that you can also seek compensation for unjust enrichment. This refers to the funds that the infringer earned while actively using your intellectual property, such as sales or customer growth through the use of your trademarked or copyrighted content.
You should note that, in addition to actual damages, you are generally eligible for statutory damages. These are pre-determined damages allowed by federal law that allow you to recover funds without proving a financial loss. Essentially, if someone infringes your copyright, for example, you can receive up to $30,000 in damages per work and up to $150,000 for instances of willful infringement, regardless of the actual financial damages you incurred because of the violation.
What Evidence Can Help My Case?
If you want to file a claim against a party for damages for the infringement of your intellectual property, understanding what evidence you should gather is critical. Generally, you should gather any evidence you can find that shows another party using your property, like screenshots, URLS, purchase records, as well as your own analytic data showing a decrease in sales once the infringement begins.
It’s in your best interest to avoid contacting the person infringing upon your content, as this allows them the chance to remove important evidence, which can make proving your case harder.
You should also consider working with an experienced attorney, as they can assist you in recovering other important evidence, like subpoenaing third parties for data, recovering deleted websites, and tracking their sales to help prove the losses you’ve suffered.
Discovering that someone has used your intellectual property can be incredibly upsetting, especially when it takes a financial toll. That is why working with an experienced attorney with the Law Office of Richard E. Novak is in your best interest. Our firm understands how overwhelming and complex these matters can be to navigate, which is why we will do everything in our power to help you recover the justice and compensation you deserve during these difficult times. Contact us today to learn how we can fight for you.