Importance of financial figures in Trademark/ copyright investigations

One of the most important parameters for trademark & copyright investigations is financial figures of the infringing party. There is a need to find out the actual size of the revenue the infringing entity does of the infringed product and the amount of money it makes.  While all the revenue being done by the infringing party is not overboard, it is imperative that the investigations are done based on the network created by the entity, the raw material stocks available at one point in time and the recorded movement of the raw material, finished good or the packaging material to access the size of the operations and money being made by the infringing party.

The evidences to this effect need to be generated and the investigator may also be required to sign a undertaking of actually having done these activities scientifically and own up the figures to be correct.

In a civil suite (or even a criminal suite) the extent of damages to be claimed or the money actually paid as a settlement depends on these figures and correctness of investigations. These revenue/ financial figures are one of the most important factors for the investigations and all IP investigators should do a excellent job while gathering other evidences.

The investigations into the assists of the infringing entity & it’s promotors, the direct & indirect taxes paid (or avoided), the machinery, the capacity enhancements, bank limits, workers employed, logistics hired or paid for can also give a significant view of the financial figures and calculations of the revenue on account of the violations or in other words loss of revenue for the brand ( IP) owner over a period of time.