Legal History Commons^™

Fraudulent Intent In Trade Mark Cases, Grover C. Grismore

Michigan Law Review

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 …