Statutory Damages in TRO Cases
Statutory damages are predetermined damage amounts set by law. In trademark cases under the Lanham Act:
- Standard: $500 to $100,000 per counterfeit mark
- Willful infringement: up to $2,000,000 per mark
These high potential damages give plaintiffs significant negotiation leverage, which is why many sellers choose to settle for much smaller amounts rather than risk a court judgment.
