LESSONS FROM THE JUICE WARS: CASE STUDY IN LANHAM ACT DAMAGES CALCULATIONS Wednesday, August 8, 2012 1 PM EST / Noon CST / 11 AM MST / 10 AM PST (90 Minutes) The Lanham Act affords considerable flexibility to successful plaintiffs in establishing injury and calculating damages, both in trademark infringement and false advertising cases. Courts recognize that determining the extent of lost profits and other harms from trademark or advertising violations is challenging, and will award damages based on fairly imprecise estimates. Nevertheless, the law requires that damages claims not be overly uncertain or speculative, and the plaintiff must prove by a preponderance of the evidence that it has been or is likely to be injured. These issues have played out recently in a prominent group of advertising cases centered on pomegranate juice. A litigator and damages expert involved in the cases explain the liability issues and how the various parties set out to establish or challenge injury and damages, with varying degrees of success. SPEAKERS Thomas Britven, Managing Director, Duff & Phelps August Horvath, Partner, Kelley Drye CLE This program is approved by the California and Illinois bar associations for 1.5 hours of self-study CLE credit. Other states may recognize similar credit hours. |
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