Are there any defenses to trademark infringement?
Yes, there are defenses to trademark infringement in Virginia. The first defense is known as nominative use which allows a company to use another company’s trademark as long as it is necessary to identify the product or service. For example, if a company is comparing its own product to one made by another company, it may use the other company’s trademark as long as it meets the criteria of the nominative use defense. Another defense is Fair use. Fair use allows someone to use another company’s trademark for certain purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. As long as the use is non-commercial in nature and does not create a likelihood of confusion, then it is a valid defense. The third defense is parody. In Virginia, parody is defined as the use of a trademark for humorous or satirical purposes in order to comment on something else. For instance, if a company used another trademark in a humorous ad, then this could be considered a valid defense. Finally, there is the defense of abandonment. If a company has not used its trademark for a period of time, then the trademark will be deemed to have been abandoned and another company may use the trademark without fear of liability for infringement. In summary, there are several defenses to trademark infringement in Virginia. These include nominative use, fair use, parody, and abandonment. Understanding these defenses can help a company protect its own trademark and avoid infringement of another’s trademark.
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