What is the test for calculating damages from Rule 65(c) security?

First, a restitutionary approach to damages calculation prevents an inequitable benefit transfer to a party that acquires the wrongful TRO. The market value of services typically exceeds the cost of providing them, because the market value includes the provider's profit margin. Hence, if a defendant that is compelled to provide services under a TRO could recover only the costs that it incurred, the plaintiff would receive a discount not enjoyed by the defendant's other customers. A restitutionary award, therefore, prevents a plaintiff from being able to use a wrongful TRO to compel a defendant to provide the plaintiff with terms and prices not available to other customers. Cf. Kansas ex rel. Stephan v. Adams, 705 F.2d 1267, 1269 (10th Cir.1983) (observing that the extent of damages awarded from Rule 65(c) security is in the discretion of the district court and is based upon considerations of equity and justice).