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

What is the scope of the dilution of trademark theory?
What is the scope of the patent misuse doctrine?
Does my state have any laws that prohibit unfair competition?
Are there any special rules for domain name disputes?
What does the Lanham Act prohibit?
What is the definition of “likelihood of confusion” in trademark infringement?
What is the Sherman-Kleptomania Doctrine?
How does the Federal Trade Commission (FTC) regulate unfair competition?
How do antitrust laws apply in the context of unfair competition?
What is the Federal Trade Commission Act (FTCA)?

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

Related FAQs

Related Blog Posts