Popis: |
Both practitioners and students of intellectual property may benefit by exposure to comparisons of the overall remedial schemes of the three statutes' that encompass copyrights, patents, and trademarks.2 Such a survey3 is further warranted by my belief that, in general, we do not pay enough attention to remedies. They come at the end of the road (with, of course, the major exception of preliminary relief) and, for most of us, do not have the intellectual challenge of determining the existence of rights. Yet remedies are the payoff in litigation. Their potential severity, or lenity, presumably influences business decisions. The risk of treble damages if one skirts a patent too closely, or of a crippling injunction if a marketing program |