We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Establishing a Legitimate Source Defense in Trade Mark Infringement Cases.
- Abstract
This document provides a summary of a court case involving Nature Republic, Zhongzhuang, and the sale of allegedly infringing goods. The court accepts the evidence provided by Zhongzhuang, which shows that they acquired the goods legitimately. The court also reviews the subjective element of a legitimate source defense, considering the seller's knowledge and duty of care. Zhongzhuang is found to have fulfilled its duty of care and is not liable for damages. However, Zhongzhuang is still required to cease the infringement and may be liable for reasonable expenses incurred by Nature Republic in seeking relief. The court also determines that adding additional parties to the lawsuit is unnecessary. Overall, the court supports Zhongzhuang's legitimate source defense and makes a judgment accordingly.
- Subjects
TRADEMARK infringement; TRADEMARKS; REASONABLE care (Law); CONSUMER behavior; PRODUCT counterfeiting; INTELLECTUAL property; CIVIL procedure; NEGOTIABLE instruments
- Publication
GRUR International: Journal of European & International IP Law, 2024, Vol 73, Issue 2, p166
- ISSN
2632-8550
- Publication type
Article
- DOI
10.1093/grurint/ikad134