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Milton SpringutMilton Springut ()

In many areas, the law of remedies can be as important as the law of rights. The strength of a particular right is often commensurate with the remedies a court is willing to grant for violations of that right. Trademark law is one area where that is particularly so. Often, courts award an injunction to stop infringing use of a trademark. Money damages, however, are harder to obtain—in most competitive markets it is quite difficult to prove the amount lost by the trademark owner due to a competitor’s use of a confusing mark. The traditional answer is to instead award disgorgement of the infringing defendant’s profits, either as a rough proxy of the trademark owner’s loss, or to disgorge unjust enrichment.

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