Affirmative Defenses For Trademark Infringement
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FAQ
If you sue someone for infringing on or diluting your trademark, they can raise several defenses to that claim. The two main defenses are fair use and parody.
The most common defenses in trademark infringement, unfair competition and trademark dilution suits include descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the registration, and application of the First Amendment.
Defences to a trademark infringement claim Use of own name or address; Use to indicate characteristics of goods or services; Use to indicate the intended purpose of goods or services; Honest concurrent use; and.
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.
To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or ...
