Milton 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.
To view this content, please continue to Lexis Advance®.
Not a Lexis Advance® Subscriber? Subscribe Now
LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.
ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.
For questions call 1-877-256-2472 or contact us at firstname.lastname@example.org