FRAUDULENT INTENT IN TRADE MARK CASES

Authors

Grover C. Grismore, University of Michigan Law School

Abstract

One of the troublesome questions which confront the trade mark lawyer is that as to the extent to which a fraudulent intention is an essential element in trade mark litigation. Must a plaintiff who is seeking injunctive relief, or damages, or an accounting against a defendant who", it is alleged, has simulated his trade mark, trade name or other identifying device, show that the latter has consciously sought to mislead the purchasing public? Judges and legal writers leave the matter in doubt. It is the purpose of this paper to discover, if possible, how this doubt has arisen and to point the way to a correct determination of the problems involved. To accomplish this objective it will be necessary to trace, in brief outline the history of the remedies which have been evolved for trade mark protection. That history is at the same time a rather remarkable illustration of the nature of the judicial' process and shows how uncertain and accidental may be the foundations of important legal structures.

Recommended Citation

Grover C. Grismore, FRAUDULENT INTENT IN TRADE MARK CASES, 27 Mich. L. Rev. 857 (1929).
Available at: https://repository.law.umich.edu/mlr/vol27/iss8/2