상거래에서 상표권침해에 대한 고찰－ 침해시 손해의 구제를 중심으로 －

It is difficult to prove the infringement and the amount of damage for rightful person. Considering these things, in order to reduce the difficulties of an aid from infringement action, there is a special regulation according to trademarks law §67. The damage which claims for compensation damages by trademark infringement are usually passive property damage(lost profits), and there is almost no claim for active property damage(the cost of investigation and lawyer). The range of compensation damages is a total damage which has causal relationship with infringement. In order to recognize such a passive damage, if there is no infringement action of trademark rights, the holder of trademark right should recognize a resonable probability which could have gained the profit and should prove the profit which could have gained.