Marginal note:Depreciation of goodwill
Marginal note:Action in respect thereof
(2) In any action in respect of a use of a trade-mark contrary to subsection (1), the court may decline to order the recovery of damages or profits and may permit the defendant to continue to sell wares marked with the trade-mark that were in his possession or under his control at the time notice was given to him that the owner of the registered trade-mark complained of the use of the trade-mark.
- R.S., c. T-10, s. 22.
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