LAW 601 Lecture Notes - Lecture 1: Reverse Engineering, Patent Attorney, Clean Hands
25 Feb 2016
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The most common remedy is an injunction for the person to stop infringing your patent/trademark. This is why we talk about equity/clean hands. You can damages (money) but you really want them to stop. In order to get a remedy, you need to come to the court with clean hands. Breaching non-competition agreements, malicious prosecution will all lead to the court not awarding your client an injunction because your client does not have clean hands. Good short answer question : what are some equitable remedies and give examples. Tm, use it or lose it/ - common law, you"re going to have to show that it"s a trademark and then you"ll have to prove that people are using and then you have to prove damages. Much easier for you to spend the money and get the actual trademark. Patents are expensive and can take a long time to process. Its not 20 years from when you get the patent**
