Trademark infringement

 The owner of a registered mark may recover damages from any person who infringes his rights. [1] The measure of the damages suffered is based either: (a) on the reasonable profit which the complaining party would have made, had the defendant not infringed his rights; or (b) on the profit which the defendant actually made out of the infringement.[2]

If the previous measures of damages cannot be readily ascertained with reasonable certainty, then the court may award as damages a reasonable percentage based upon the amount of gross sales of the defendant or the value of the services in connection with which the mark or trade name was used in the infringement of the rights of the complaining party.[3]

Continue reading here.