Wis JI-Civil 2791

Question ________ asks: What sum, if any, do you award against (defendant) as

damages for the trade name infringement?

In considering the amount to be inserted by you in answer to the damage question, the

burden of proof rests upon the person claiming damages to satisfy you by the greater weight

of the credible evidence, to a reasonable certainty, that (plaintiff) sustained damages [with

respect to the element or elements mentioned in the question and the amount of the damages.]

The greater weight of the credible evidence means that the evidence in favor of an answer

has more convincing power than the evidence opposed to it. Credible evidence means

evidence you believe in light of reason and common sense. "Reasonable certainty" means that

you are persuaded based upon a rational consideration of the evidence. Absolute certainty is

not required, but a guess is not enough to meet the burden of proof. The amount inserted by

you should reasonably compensate the person for the damages from the trade name

infringement.

[In determining damages, you may consider whether (plaintiff) suffered any

measurable loss to its goodwill. The goodwill of a company is an intangible business value

that reflects the basic human tendency to do business with merchants who offer products and

services of the type and quality the customer desires and expects. Service to the customer,

and a willingness to stand behind a warranty and other representations about the quality of

the products or services sold by a merchant, are factors that help establish the goodwill of a

business. If you find that (plaintiff)'s goodwill has been damaged either by injury to its

general business reputation or by damage to a particular product or service, you may assess

damages as you find to be shown by the evidence.]

The fact that (defendant) did not actually intend, anticipate, or contemplate that these

losses would occur is not a relevant factor to be considered by you.

Determining damages for trade name infringement cannot always be made exactly or

with mathematical precision; you should award as damages amounts which will fairly

compensate (plaintiff) for its injuries.