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Originally Posted by marcus  Loss of licence fees the replica manufacturer should have paid to Lamborghini are the kind of damages usually claimed. Itīs no problem for a court to determine them based upon the plaintiffīs pleading presenting other prejudicial cases. |
"Loss of license fees" would not be relevant here in a court of law as these parties had no contractual obligation nor privity of contract in any sense. Damages would be evaluated using other means, none of which clearly indicate a certain amount. However, given that expectation damages would likely yield very little because of the aforementioned lack of loss of sales, the diminution of brand health is typically the next best argument. It has been used in several similar cases here in US courts in recent years at least.