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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.15 [2010] >
JIPR Vol.15(5) [September 2010] >
| Title: | Principles Governing Damages in Trademark Infringement |
| Authors: | Negi, Astha
Thakuria,Bhaskar Jyoti |
| Keywords: | Trademark infringement
damages
compensatory damages
punitive damages |
| Issue Date: | Sep-2010 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | Award of damages as a relief in trademark infringement, has increasingly
assumed importance in the modernized economies of the world; though grant of
punitive damages is more recent. Initially, in order to restrain infringers,
the courts usually granted injunction and in rare cases, granted damages.
Damages are awarded to monetarily compensate the aggrieved party that has
suffered injury. However, with increasing instances of piracy and growth of
counterfeit goods, the courts have come to realize that awarding punitive
damages may be a necessary deterrent to protect the interest of trademark
holders. This article compares the principles governing damages in trademark
infringement in United Kingdom,
European Union, and United
States of America while rendering an insight
into the principle of damages as conceived under the Indian trademark law. |
| Page(s): | 374-379 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.15(5) [September 2010]
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