Trademark Damages After Mattel v MGA

The recent opinion from the Ninth Circuit Court of Appeals in the long-running Mattel v MGA Entertainment [Bratz(R)] case reiterates an important, and often overlooked, aspect of trademark damages calculations: the apportionment of damages attributable to the specific item of Intellectual Property at issue.  This aspect of trademark infringement damages is susceptible of being overlooked by plaintiffs’ experts focused of strictly proving lost revenue, and is of prime importance to defendants’ experts proving suitable deductions from revenue to derive lost profits.

This important topic is one of the three main points made in the Appeal Court’s opinion, which is discussed further in the IPmetrics website .  Other lessons for business are highlighted on the IPmetrics Blog.

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