Are there any defenses to a trademark infringement claim?

Yes, there are several defenses to a trademark infringement claim in the state of Georgia. One of the most common defenses is that the trademark is generic, meaning that it is so widely used that it is not exclusive to the plaintiff’s product or service. A court may also find that the trademark has been abandoned, with the plaintiff no longer using or claiming the trademark. Another defense is fair use, which means that the defendant has used the trademark in a way that could be deemed non-infringing. This generally includes uses such as commentary, criticism, parody, or news reporting. In a few cases, a court may find that the trademark was used for comparative advertising, with the defendant promoting their product or service in comparison to the plaintiff’s product or service. Laches is another defense, which occurs when there is an unreasonable delay in bringing forth a claim. If a defendant can prove that a plaintiff waited too long to file a claim, the claim might be dismissed. Finally, a defendant can also argue that they had an implied license to use the trademark, which means that the plaintiff gave permission for the defendant to use the trademark. This is usually done through an agreement or handing over of goods or services with the trademark included.

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Are there any defenses to a trademark infringement claim?

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