Translating Diverted Traffic Into a Damages Figure
Traffic-diversion damages analysis reconstructs how much traffic a disputed domain actually received, over what period, and applies a documented methodology — conversion-rate assumptions, average transaction value, or a reasonable-royalty framework — to translate that traffic into an actual-damages or statutory-damages figure appropriate to the claim being made.
Separating Diverted Traffic From Independent Traffic
Not all traffic to an infringing domain represents diversion from the trademark holder; some visitors may have arrived independently, through the infringing domain's own marketing or organic search presence. A defensible damages analysis accounts for this distinction rather than treating all traffic as diverted by default.
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