This chapter for the Cambridge Handbook on Comparative and International Trademark Law compares the doctrinal strategies deployed by the European Union and United States to serving the anti-misappropriation impulse in trademark law. While the EU's enforcement regime openly embraces...

It is no doubt that the law on ‘Trademark infringement’ in the European Union is not only clumsy – thereby making issues surrounding it incoherent; it is also not in-tune with time. The European Commission perceived this and it sure explains the instigation of the ‘move’ to recast the...

Given the rudimentary nature of the current set of EU rules, the regulation of trademark transactions in the EU depends on a harmonious interplay of harmonized EU law on the one hand, and individual national laws on the other. This configuration of the system places a particular responsibility...

Reviews the statutory and common law regarding monetary remedies for infringement, and sets forth economic standards that could be used to determine the efficiency and equity of the most common financial solution -- disgorging defendant revenues