Bob Marley companies win $2.4 million damages in coffee trademark case
Andrei Mincov's commentary on the original article
There are many remedies available to a trademark owner whose trademark is infringed. One of them is getting the defendant to pay all of its profits resulting from unauthorized use of your trademark. Best part is, the plaintiff only has to prove the defendant's gross sales only. Then it's up to the defendant to prove all elements of cost or deductions. In other words, it's up to the defendant to prove that some of the profits were not due to the infringement. This is how you can end up looking at a court judgment for $2.4M against you even ifâ€”as you sayâ€”you didn't make any profits. Be careful.