US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Civil) 15.28
Trademark Damages—Actual or Statutory Notice
(15 U.S.C. § 1111)
To recover damages, the plaintiff [name] has the burden of proving by a preponderance of the evidence that the defendant [name] had [either statutory or] actual notice that the plaintiff [name]’s trademark was registered.
[Defendant [name] had statutory notice if:]
[(1) plaintiff [name] displayed the trademark with the words “Registered in U.S. Patent and Trademark Office”] [or]
[(2) plaintiff [name] displayed the trademark with the words “Reg. U.S. Pat. & Tm. Off.”] [or]
[(3) plaintiff [name] displayed the trademark with the letter R enclosed within a circle, thus ®.]
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
fa85365a7bbba4a037c8c7c1ca6d1bdb94ceaee9496c3121dffd6b9377ff75d7
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