It's a difference that doesn't change the outcome for the sort of thing you're responding to here, but certainly a difference that matters in other circumstances.

For example, Disney will gladly spend far more fighting someone selling counterfeit Disney shirts out of the boot of his car than any profits from sales they'd lose to that counterfeiter. But if they don't fight him, they lose their trademark.

Scroll down to the spot where it explains who will pay all the attorneys fees. Oh no! Your clever plan failed.