6. SOFT IP DAMAGES – ValuEconomics , INC – www.valu-econ.com

• HELLO. MY NAME IS DR. JULES KAMIN.
• I HAVE BEEN PROVIDING CONSULTING SERVICES AS AN ECONOMIC AND FINANCIAL EXPERT WITNESS IN CIVIL LITIGATION FOR OVER 25 YEARS.
• COPYRIGHT AND TRADEMARK ARE CALLED “SOFT” INTELLECTUAL PROPERTY (IP)
• SOFT IP DAMAGES CONSIST OF “ACTUAL” DAMAGES AND “UNJUST ENRICHMENT”
• ACTUAL DAMAGES ARE PLAINTIFF’S DIRECT DAMAGES, ESSENTIALLY LOST PROFITS
• UNJUST ENRICHMENT IS A MEASURE OF PLAINTIFF’S DAMAGES BASED ON THE BENEFIT OF DEFENDANT FROM THE INFRINGEMENT
• PLAINTIFF CAN RECOVER BOTH ACTUAL DAMAGES AND UNJUST ENRICHMENT AS LONG AS THERE IS NO DUPLICATION FROM AN OVERLAP
• THE REMEDY FOR UNJUST ENRICHMENT IS DISGORGEMENT OF DEFENDANT’S PROFIT
• IN COPYRIGHT, IF THE INFRINGEMENT IS WILFUL, ALL OF DEFENDANTS PROFITS FROM THE INFRINGEMENT ARE SUBJECT TO DISGORGEMENT
• IF THE INFRINGEMENT IS NOT WILFUL, AN APPORTIONMENT IS MADE OF DEFENDANT’S PROFIT ATTRIBUTABLE TO THE INFRINGEMENT
• IN UNJUST ENRICHMENT FROM TRADEMARK INFRINGEMENT, PLAINTIFF MUST PROVE DEFENDANT’S SALES FROM THE INFRINGEMENT, BUT DEFENDANT PROVES ITS COSTS
• EVERY CASE IS DIFFERENT
• I ENCOURAGE YOU TO CALL ME AT (323) 653-9555 FOR A FREE TELEPHONE CONSULTATION ON ANY MATTER.
• OR VISIT MY WEB SITE AT WWW.VALU-ECON.COM

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