Q: I only have a trademark of 35 categories, and there are no other products. Is it an infringement for others to use my trademark name? How can I defend my rights?
A: Juntong Legal Online Consultation answers for you
Compensation is a powerful measure to protect the legitimate interests of copyright owners and stop illegal infringement. the Supreme People's Court's judicial interpretation makes detailed provisions on how to calculate the losses caused by copyright infringement and copyright-related rights and interests:
(1) The actual losses of the obligee can be calculated according to the reduction in the number of copies issued by the obligee due to infringement or the product of the sales volume of infringing copies and the profit of the obligee issuing the copies. If it is difficult to determine the reduction of distribution, it shall be determined according to the market sales volume of infringing copies. If the actual loss or illegal gains of the obligee cannot be determined, the people's court shall determine the amount of compensation at the request of the parties or ex officio. When determining the amount of compensation, the people's court shall consider the comprehensive determination of the types of works, reasonable exploitation fees, the nature and consequences of the infringement.
(2) The reasonable expenses of the obligee or entrusted agent in investigating and obtaining evidence of the infringement, including the lawyer's fees, shall be counted in the scope of compensation.