What is the purpose of trademark damage compensation
The purpose of trademark damage compensation is to compensate the trademark owner for his losses. Compensation for this kind of loss is mainly based on actual property losses, and should also include indirect losses of the trademark owner.
The trademark owner’s sales are reduced due to infringement. It is an actual loss, but the trademark owner’s loss does not only refer to reduced sales. The goodwill of the trademark in the early stage and the establishment of a relationship between the trademark and consumers are also the consideration paid. If the principle of comprehensive compensation is followed, this part should also fall within the scope of compensation and receive corresponding compensation.
The above-mentioned impact of trademark infringers infringing on trademark goodwill and diluting the connection between trademarks and consumers is inconvenient to realize in judicial practice, mainly due to the difficulty in enumeration of evidence and the inability to determine the size of the losses. , but according to the principle of comprehensive compensation, this part of the loss should also be compensated. Trademark law, as an important weapon to protect the interests of trademark owners, should provide comprehensive compensation for the losses suffered by trademark owners, even if it is hidden interests. This will help trademark owners to compensate for all losses, and it will also help prevent The occurrence of trademark infringement.
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