25 September, 2017
The IP Court held in Annual Civil Judgement 105-Min-Shan-Sue-Tze No. 25 that where the product sold by defendant was clock and the infringed clock movement is a component thereof, the damages for the trademark infringement should be measured based on the ratio of the price of the movement to the price of the entire clock product rather than on the price of the entire clock product only, because the style, the design and the brand of clock products are also factors considered by consumers at the time of purchasing clocks even though the movements play a significant role in the clocks’ function.
The IP court indicated in the judgment that if the damages is measured based only on the sale price of the entire clock product, the plaintiff could be unjustly enriched by the award of damages beyond its trademark value.
For further information, please contact:
Joyce I. Ho, Partner, Tsar & Tsai Law Firm
joyeho@tsartsai.com.tw
