Probleme privind acțiunea în contrafacerea mărcilor și evaluarea prejudiciului
Issues regarding legal actions against trademark counterfeiting and assessment of damages

Summary/Abstract: Counterfeiting a trademark may is defined as being an infringement of the exclusive rights attached to a trademark. In a simple way, this may be translated in using the trademark (or a sign confusingly similar to it) without the authorization of the owner or any licensees. The spread of counterfeited trademarks (and the spread of low quality goods) has become global in recent years and the range of goods who are sold having attached trademarks which are subject to infringement has increased significantly. From apparel to accessories, from planes’ pieces to medicines, from toys to cars, all over the world we may find this kind of goods having attached false trademarks. This paper presents the effects on our lives of using counterfeited products and counterfeited trademarks. Also presents the mean by which the violation of rights which are attached to trademark may be repaired. We will analyse the required conditions for using the claim of trademark infringement, asking ourselves if affirming the prejudice is an essential condition for this claim. Having our analyses based on case-law studies and other authors’ papers, we will present and propose means of evaluating the prejudice resulted from trademark infringements.

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