Newsletter
EFFECT OF INFRINGEMENT ASSESSMENT CONDUCTED BY TRADEMARK AGENTS
In cases of trademark infringement, it has long been the common practice of the courts to rely on assessment reports submitted by trademark owners or by trademark agents, when determin-ing whether seized goods are counterfeit or not. However, there have often been disputes as to the validity of such reports. In a 2001 copyright infringement case involving video game soft-ware, the Supreme Court held that a trademark agent is not an assessment institution commis-sioned by the court; therefore, an assessment report submitted to the court by a trademark agent is a private document, and the credibility of its content requires further investigation.