Injunctive Relief For Trademark In Clark
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FAQ
Only designs and shapes created solely for promotional purposes are protected as trade dress. For example, certain perfume bottles and the boxes they come in are designed to be identifiable with a particular brand. Simply registering trade dress as a trademark may be insufficient in an infringement suit, however.
The most common remedy for trademark infringement is injunctive relief. Injunctions are court orders commanding that the infringer immediately cease its unlawful activities. Injunctions address future conduct rather than past actions.
If a trademark office or court determines there's a likelihood of confusion, the financial and reputational repercussions can be severe. With average litigation costs ranging from $120,000 to $750,000 and the potential for prolonged legal battles, the impact on any company can be staggering.
Here are five steps small business owners can follow to avoid a trademark infringement lawsuit: Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked. Enlist help. Consider general liability insurance. Register your trademark. Document your findings.
Defences to Trade Mark Infringement Using your name or place of business in good faith (section 122(1)(a)) ... Used descriptively in good faith (section 122(1)(b)) ... Used in good faith to indicate the intended purpose of the goods or services (section 122(1)(c))
To obtain a preliminary injunction, the seeking party must generally show that they are likely to succeed on the merits of their case, that they will suffer irreparable harm without the injunction, that the balance of hardships favors them, and that the public interest supports the injunction.
Winning a trade mark infringement case requires a thorough understanding of trade mark law, evidence gathering, and legal strategy. As such, it is essential to work with a specialist IP lawyer who has experience handling trade mark infringement cases.
There are four main trademark infringement defenses that may be available for a defendant against a claim of trademark infringement: Doctrine of laches; Estoppel; Unclean hands; and. Fair use doctrine or collateral use doctrine.
Injunctive relief usually takes one of three forms: temporary restraining order (TRO), preliminary injunction, and permanent injunction.
