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Free U.S. trademark damages planner: compensatory lines from your actual-harm and profit estimates, willful treble sensitivity, and optional § 1117(c) statutory counterfeit scaffolding. Use with other Legal & Compliance IP tools—not a substitute for Lanham Act analysis by counsel.
Last updated: April 19, 2026
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Lost sales, injury to goodwill—your forensic or business estimate.
Subject to apportionment and deduction in real cases.
Compensatory base
$45,000
Treble band low (1×)
$45,000
Treble band high
$135,000
Formula summary
Compensatory base = max(actual, profits) or sum (planning toggle); willful treble band = 1×–3× that base under § 1117(a) (illustrative). Optional § 1117(c) statutory counterfeit band ≈ $1,000–min($200k×marks, $2M) planning scaffold—verify facts and election.
Illustrative compensatory planning base ~$45,000 (higher-of-two model). Treble-sensitivity band about $45,000–$135,000. Counterfeit statutory path not modeled—enable if plaintiff may elect § 1117(c).
Important:
Best for
Brand owners
Compare conservative vs. aggressive compensatory assumptions before mediation.
Best for
Enforcement teams
Toggle § 1117(c) bands when counterfeit marks may be at issue.
Best for
Risk managers
Stress-test treble when willfulness allegations appear in complaints.
Best for
Deals counsel
Pair profit estimates with royalty benchmarks from your agreements.
Best for
Studios
Use next to the copyright damages calculator when packaging overlaps.
Remember
Discretion
Judges and juries apply factors your spreadsheet cannot capture.
$45,000 actual vs. $32,000 profits, higher-of-two base, willful treble toggled on:
Illustrative treble sensitivity band
$45,000 – $135,000
The compensatory base follows your toggle: either the higher of plaintiff actual damages and defendant's profits, or the sum of both as an aggressive planning stress test. When willfulness is enabled, the tool shows an illustrative band from single damages through three times the compensatory base—mirroring the enhancement language in § 1117(a) at a high level only. Optional § 1117(c) lines scaffold statutory damages for qualifying counterfeit-mark cases with a floor based on $1,000 per mark and a ceiling that reflects willful vs. non-willful statutory caps.
Courts may limit recovery to avoid double counting and may require careful proof of causation. The sum toggle does not mean both lines are recoverable together—use it only for internal exposure brackets.
Share it with brand counsel and enforcement teams
Suggested hashtags: #Trademark #IP #LanhamAct #Law #Calculator