Study On Damages For Trademark Infringement

The question of trademark infringement damages not only is a hot topic for theory research,but also a key point of debate in the practical area where often arises. As the sustained and rapid development of the economy and society of our country,especially the model of “Internet plus” grows up and rises,the type of trademark infringement becomes more than before and more complicated,and that can bring great effect to the work on how to confirm the burden of trademark infringement's behavior.In order to further govern the act of the major part in the market,power the protection of its legal benefit and the tension to punish those behaviors of infringement,from the central government to every province,they gradually enact many documents which request to power the protection standard of intellectual property,including trademark.This paper is divided into six parts.Part I:Starting with a typical case,this paper first gives a brief introduction about the case which reflects those debates that prompts the major topic of this paper--the problem of the trademark infringement damages.By analyzing and grasping the basic content of the case,what i am trying to do is summarize those key questions which have a close relationship with the major topic,and then become the core of this paper.Part II:This paper analyzes the major debates of the case,and describes different views which arise from the debates of major topics,and its supporting reasons,including the ways on how to calculate the trademark infringement damages.Then describes accurate damages and legal damages in a separate way,and their legislation intention and judicial application.At the same time,this paper also analyses the distribution of the burden of proof.Part III:By analyzing the major debates of the case,this paper evaluates them carefully and discusses them from the aspects of law and this case by combing current laws which will be helpful to profoundly understand those related reasons of accurate damages and legal damages.Part IV: This paper also introduces the scope of the trademark infringement damages,but here mainly from two aspects:goodwill and fees of rights protection.Combined with the law and relevant judicial interpretations,goodwill should consider the specific case when making a judgment,and fees of rights protection should be divided from compensation.Part V: There are some other related problems in the trademark infringement damages,such as punitive damages and the problems of the burden of proof.First,from the aspect of limiting its application,the paper analyses constructive requirements of punitive damages;second,from the aspect of being fair and reasonable allocation of the burden of proof between two parties.Part VI: By discussing about several focus problems of this paper and combining with the chosen case, this paper provides some suggestions that will hopefully do some help to solve the problem of trademark infringement damages, including from the legislative aspect, judicial aspect, administrative aspect and so on, and hoping to give a more better way to solve the problem of this kind of infringement damages.