ArticleOpen Access http://dx.doi.org/10.26855/jhass.2023.09.023
Study on the Application of the Subjective Elements of Punitive Damages for Trademark Infringement—A Study Based on the Case of 2015 to 2022
Muyan Cai
Sichuan University of Light and Chemical Industry, Sichuan, China.
*Corresponding author: Muyan Cai
Published: October 25,2023
Abstract
Based on collecting 42 cases of punitive damages for trademark infringement from 2015 to 2022, the author tries to start by applying the subjective elements of punitive damages. The authors argue that, in selecting cases of trademark infringement for using punitive damages, the personal and objective judgment criteria of "malice" and "aggravation" should be strictly implemented and refined. There is a parallel relationship between them, a prerequisite for punitive damages for trademark infringement; secondly, "malice" and "aggravation" should be strictly implemented and refined. Secondly, "malice" and "intent" are not only different in theory but also in judicial practice; when applying punitive damages, "malice" and "intent" should not be wholly equated." In addition, when a party claims both trademark infringement and unfair competition if the court finds that the conduct does not infringe the same legal interest, it should apply both the Trademark Law and the Anti-Unfair Competition Law to evaluate the behavior in question and make the relevant infringement determination and award of damages for the specific application of the two laws. The court has also decided to apply both the Trademark Law and the Anti-Unfair Competition Law to the conduct in question and to determine the infringement and award of damages about the application of both laws. Finally, the aim is to find practical solutions to trademark infringement and unfair competition disputes, improve the operability of the punitive damages system in judicial practice, and propose countermeasures to optimize the penal damages system for trademark infringement.
Keywords
Trademark infringement, bad faith, punitive damages
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How to cite this paper
Study on the Application of the Subjective Elements of Punitive Damages for Trademark Infringement—A Study Based on the Case of 2015 to 2022
How to cite this paper: Muyan Cai. (2023) Study on the Application of the Subjective Elements of Punitive Damages for Trademark Infringement—A Study Based on the Case of 2015 to 2022. Journal of Humanities, Arts and Social Science, 7(9), 1826-1830.
DOI: http://dx.doi.org/10.26855/jhass.2023.09.023