Assessment Of Damages In Trademark Disputes – Recent Developments

The globalization of economies has drawn trade circles closer, empowering multinational corporations to expand their reach across borders. This expansion has allowed access to products worldwide, transcending geographical barriers for consumers. However, amidst this global expansion, the risk of trademark misuse and infringement has amplified significantly.

Trademark infringement arises when an entity uses a trademark that is either identical or deceptively similar to another party's goods and services, thereby infringing upon the exclusive rights bestowed upon the registered trademark proprietor. This infringement is addressed through statutory remedies crafted to protect registered trademarks. Conversely, passing off occurs when an entity falsely represents its goods or services as those of another, often resulting in confusion among consumers and it serves as a common law remedy against deceitful practices. Both trademark infringement and passing off aim to