Are there any defenses against a claim of trade dress infringement?

Yes, there are a few potential defenses against a claim of trade dress infringement in the state of Georgia. First is the doctrine of laches. This doctrine states that if a potential infringer can prove that the rightful owner of the trade dress waited too long to pursue a claim of infringement, then the owner will be barred from bringing a lawsuit. This defense may be used when the owner of the trade dress is aware of the potential infringer’s activities, but does not act in a timely manner to prevent it. Second, a potential infringer may use the defense of fair use. This is when a third party uses a protected trade dress for a purpose other than competing with or confusing customers who may think the product is associated with the original owner. This fair use defense may be used if a third party is using the trade dress in an advertisement, parody, or for another purpose that does not diminish the value of the original owner’s brand. Another defense is the abandonment defense. This is when the original owner of the trade dress has allowed it to become generic or widely used. This is similar to the fair use defense, except the original owner has allowed the trade dress to become so popular that customers are no longer confused between it and the original owner’s product. Finally, a potential infringer may use the traditional defenses in trademark law, such as lack of secondary meaning. This is when a potential infringer can show that the owner of the trade dress has not proven that the trade dress is associated with the original product. Overall, there are many potential defenses to a claim of trade dress infringement in the state of Georgia. It is important for potential infringers to contact an experienced attorney to determine what defense may be the best in their particular situation.

Related FAQs

Can I sue another company for unfair competition?
Are there any special rules for protecting trade secrets?
What is the scope of the tort of appropriation of corporate opportunity?
How is trademark infringement different from unfair competition?
What is the scope of trademark dilution?
What are the remedies available in a UDRP claim?
Are there any defenses to a trademark infringement claim?
What is an unfair competition trial like?
Are there any defenses against a claim of trade dress infringement?
What is false advertising?

Are there any defenses against a claim of trade dress infringement?

Related FAQs

Related Blog Posts