Are there any defenses to trademark infringement?

Yes, there are defenses to trademark infringement in New York. A person accused of trademark infringement may assert a defense of either "fair use" or "laches." Fair use is based on the argument that the use of the trademark was not to confuse the public or cause potential buyers to believe the accused is affiliated with or sponsored by the owner of the trademark. In contrast, laches is a defense that the owner of the trademark waited too long to bring the lawsuit and the accused can no longer be held liable. Another defense is that the accused is not using the trademark in commerce. This means that the accused is not selling a product or providing a service that causes confusion in the marketplace. In such cases, the accused is not infringing on the trademark owners’ rights and is therefore not liable. A final defense is that the accused had no knowledge that the trademark was registered or that the owner would object to the use of the trademark. If the accused can show that he or she did not have any knowledge of the trademark registration or of the owner’s objections, then the accused may be able to escape liability. Overall, trademark infringement in New York can be defended in court using the defense of fair use, laches, lack of use in commerce, and lack of knowledge. Depending on the facts of the case, one or more of these defenses could be successful in protecting the accused from liability for trademark infringement.

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Are there any defenses to trademark infringement?

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