Abstract:

In case of the trademark infringement, trademark right holder has a right of action for material compensation. The plaintiff claims material damage that includes loss of profit besides of material damages. However the proving the existence and quantification of loss of profit, which is embodied as lump sum compensation, makes difficulty in implementation. Loss of profit could be claimed in other intellectual and industrial right infringements like in actions for material compensation in case of tort and unfair competition. The claim for loss of profit could be claimed in process of the existence of damage that is caused by an unlawful act. Moreover the infringer’s fault must take place. For the calculation of loss of profit, it has been using three methods. Firstly, it can be calculated the possible profit that trademark owner could gain if there would not be unfair competition by infringement. Second method is the calculation of profit that the trademark infringer makes by using the trademark. In the third and last one, it could be established the possible licence fee that would be agreed in a licence contract between trademark owner and infringer.

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