The plaintiff's lost profits may be awarded as damages in a trademark lawsuit, but monetary relief is generally reserved for cases of intentional infringement. To receive plaintiff's lost sales as damages, the plaintiff must show that if it were not for the defendant's infringing activities the plaintiff would have had a certain number of sales that were not in fact had. Proving this is often difficult since there may be a number of reasons besides defendant's infringing use of the mark that could account for plaintiff's lost sales. As such, a market survey may be necessary to prove such damages.
