Section 19 Lost Profits

• Library: Intellectual Prop 2004

In EFCO Corp. v. Symons Corp., 219 F.3d 734, 740–41 (8^th Cir. 2000), an award of damages was upheld in a false advertising case when the plaintiff’s revenues decreased and the defendant’s revenues increased at nearly an identical rate during the time the false advertising was occurring.

In Obear-Nester Glass Co. v. United Drug Co., 149 F.2d 671 (8^th Cir. 1945), the trademark owner failed in its attempt to prove lost profits. The trademark owner had tried to recover the profit it would have made if it had...