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The owner of the THIRST-AID ® mark filed a trademark infringement claim and ultimately was awarded in excess of $10,000,000 in damages. Due diligence means more than running a trademark search. million in damages (which was reduced to $678,302 on appeal) and $16.8 Running Down All Potential Impediments. million on appeal).
Based on a litigation agreement pursuant to Sections 119b (2), 184a (3) of the German Courts Constitution Act on the first instance jurisdiction of the Commercial Court and on the conduct of proceedings in English, the article analyses details of the newly created procedural instruments and their implementation in practice.
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