Profit Apportionment in Intellectual Property Damages: The Unique Case of Design Patents

Profit Apportionment in Intellectual Property Damages: The Unique Case of Design Patents

Kim Schenk
Intellectual Property

In this article published in December 2014/January 2015 issue of the NYIPLA Bulletin, John Plumpe and Kimberly Schenk describe profit apportionment in three common types of IP litigation – those involving trademarks and trade dress, copyrights, and utility patents. The authors then discuss the availability of infringer’s profits as a form of recovery in design patent litigation. To read the article, click the link below. 

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