Are there any defenses to a trademark infringement claim?

Yes, there are defenses to a trademark infringement claim under California law. Trademark infringement occurs when a person or company uses a mark without consent that is identical or confusingly similar to another business’s mark. This can create damage to the business’s reputation and their ability to earn money from their mark. The most common defense to trademark infringement is known as the “fair use” defense. This defense allows the defendant to use a mark in a descriptive manner that is not likely to confuse consumers. For example, the defendant could use a trademarked term to inform the public about the characteristics of their product, as long as the use does not lead to any confusion about the source of the product. Another common defense to trademark infringement is an argument of laches. This is a defense that states that the plaintiff waited too long to file the suit and that, as a result, the defendant should not be held liable. To establish laches, the defendant must prove that the plaintiff’s delay caused them to suffer damages. Finally, another defense to trademark infringement is a non-infringement claim. This defense states that the defendant’s use of the mark is not likely to cause confusion among consumers and is, therefore, not an infringement of the plaintiff’s trademarks. In addition to these defenses, some plaintiffs may be able to successfully prove that the defendant’s use of the mark is an example of “nominative fair use.” This is a defense that allows the defendant to use the plaintiff’s mark to identify the plaintiff’s goods so long as the defendant does not falsely suggest that the defendant is associated with the plaintiff’s product in any way.

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