Journal of Intellectual Property Law & Practice Advance Access originally published online on December 8, 2006
Journal of Intellectual Property Law & Practice 2007 2(1):1; doi:10.1093/jiplp/jpl194
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© The Author (2006). Published by Oxford University Press. All rights reserved
Editorial |
Double-dipping
| The first 10% of the full text of this article appears below. |
On 2 October last, the US Circuit Court of Appeals ruled in Aero Products International Inc. and Chaffee v Intex Recreation Corp., Quality Trading Inc. and Wal-Mart Stores Inc. that the award by a jury of damages for both patent and trade mark infringement, in respect of the sale of a patented product bearing a trade mark (the ONE TOUCH air mattress), was impermissible because it resulted in part from double accounting.