Full Compensation of Moral Harm Caused to the Trade Mark Owner

Journal article

1 online resource (page 994–1000)

Headnotes by the Editorial Office 1. In cases, in which it is difficult, if not impossible, to translate trade mark infringement into direct economic loss, calculated in terms of lost opportunity costs or lost profits, the existence of reputational damage of a moral nature cannot be ruled out. 2. Simply displaying for sale the products that infringe the trade mark rights due to imitation or the likelihood of confusion of distinctive signs causes implicit moral harm which is compensable and for which no further evidence is required. 3. When it comes to the method of calculating moral harm, the right to due process is only violated if the assessment criterion relies on objective data that has been wrongly established, if it compromises the party petition principle that sets the scope of the ruling, if the amount calculated exceeds reasonable standards of quantification or is disconnected (entirely unjustifiably) from the amounts that are usually set in similar circumstances or in circumstances in which it is mandatory to apply legally assessed quantification formulae and these are found to have been misinterpreted.

Crossref

GRUR International ; 73, 10, 2024, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2024.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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