Are there any defenses to trademark infringement?

Yes, there are a few defenses to trademark infringement in Alaska. Under the Lanham Act, the federal trademark law, there are some circumstances in which a person who has committed trademark infringement may still be able to use the mark legally. First, a defense of “prior use” can be used to protect someone from trademark infringement. This defense applies in cases where the defendant has used the mark for a period of time prior to the registered owner and can prove that the prior use was in “good faith.” Thus, if a small business in Alaska has been using a trademark for several years, but then another company registers the same trademark, the first business may be able to assert a “prior use” defense and continue to use the mark legally. Second, a defense of “fair use” can also be used to defend against trademark infringement. This defense applies in cases where the defendant is using the mark to refer to the registered owner’s product, rather than to create confusion in the marketplace. An example would be if a company in Alaska was using the trademark in advertising to demonstrate the quality of its own product, rather than implying that the product in question belonged to the registered owner. Finally, a defense of “parody” can also be used to avoid trademark infringement. This defense applies when the defendant’s use of the mark is a humorous or satirical parody of the registered owner’s product or trademark. Thus, if a business in Alaska was using a trademark to make a humorous statement about the registered owner’s product, then this use could be defended against trademark infringement.

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Are there any defenses to trademark infringement?

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