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Damages/monetary remedies for trade mark infringement

Lookup NU author(s): Dr Alison Firth

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Abstract

In relation to innovation, a question arises as to how trade marks and their protection may assist innovation. In this context, protecting the distinctive character of a trade mark is important to the trade mark proprietor and other actors (consumers, licensees, honest competitors). When a trade mark is infringed, persons other than the registered proprietor may suffer detriment. The paper focuses on a mechanism special to trade mark law, whereby the registered proprietor of a trade mark may recover damages on behalf of licensees who are not parties to the infringement action.

Publication metadata

Author(s): Firth A

Publication type: Article

Publication status: Published

Journal: Anuario Faculltad de Derecho - Universidad de Alcala

Year: 2008

Volume: I

Pages: 73-90

Print publication date: 01/01/2008

ISSN (print): 1888-3214

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