 | John Henry Ruege, Walter B. Graham, William Wallace White - Trademarks - 1922 - 1036 pages
...sixteen of this act for increasing damages found by verdict in actions of law; and in assessing profits the plaintiff shall be required to prove defendant's...sales only; defendant must prove all elements of cost which are claimed. SEC. 24. That all applications for registration pending in the office of the Commissioner... | |
 | Trademarks - 1926 - 706 pages
...infringer to prove all elements of cost which are to be deducted. It provides: "In assessing profits the plaintiff shall be required to prove defendant's...sales only; defendant must prove all elements of cost which are claimed." Certain costs were deducted as to which no question arises. These consist of manufacturing... | |
 | United States. Congress. House. Committee on Patents - Patent laws and legislation - 1932 - 144 pages
...result of such infringement shall be esteemed a part of such damage, and in establishing such profits the plaintiff shall be required to prove defendant's...sales only ; defendant must prove all elements of cost which are claimed. The provision now contained is as follows : " And whenever in any such action a... | |
 | United States. Congress. House. Committee on Patents - 1939 - 238 pages
...such profits and damages or cause the same to be assessed under its direction. In assessing profits the plaintiff shall be required to prove defendant's...deduction claimed. In assessing damages the court may, according to the circumstances of the case, include in the judgment any sum above the amount found... | |
 | United States. U.S. Congress. House. Committee on patents - 1939 - 230 pages
...such profits and damages or cause the same to be assessed under its direction. In assessing profits the plaintiff shall be required to prove defendant's...deduction claimed. In assessing damages the court may, according to the circumstances of the case, include in the judgment any sum above the amount found... | |
 | United States. Patent Office - Copyright - 1943 - 896 pages
...assess the same or cause the same to be assessed under its direction . . . ; and in assessing profits the plaintiff shall be required to prove defendant's...sales only ; defendant must prove all elements of cost which are claimed.1 33 Stat. 724, 729 ; 15 USC ยง 99. Infringement and damage having been found, the... | |
 | United States. U.S. Congress. Senate. Committee on patents - 1944 - 164 pages
...such profits and damages or cause the same to be assessed under its direction.' In assessing profits the plaintiff shall be required to prove defendant's...cost or deduction claimed. In assessing damages the oourt may enter judgment, according to the circumstances of the case, for any sum above the amount... | |
 | United States. Congress. House. Committee on the Judiciary - Antitrust law - 1954 - 76 pages
...times the amount found or assessed." (7) The Lanham Trade-Mark Act (lo USC, sec. 1117) provides that "in assessing damages the court may enter judgment,...actual damages, not exceeding three times such amount." (8) The codification of the copyright laws (17 USC, sec. 1) provides that in case of a failure of a... | |
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In assessing damages the court may enter judgment, according to the circumstances of the case, for any sum above the amount found as actual damages, not exceeding three times such amount. 
