Page 186 - CFF

Unjust enrichment

• Alternative measure of damages — Seeks to deprive the defendant of

the benefit that it obtained from a wrongful act

• Frequently employed in copyright, trademark and trade secrets cases

• Cannot be duplicative of lost profits

• Plaintiff typically bears only the burden of proving defendant’s sales

• Defendant bears the burden to establish deductible expenses

• Defendant also has responsibility to apportion profits

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