Are there any defenses to a trademark infringement claim?

Yes, there are defenses to a trademark infringement claim in Indiana. Trademark infringement occurs when someone uses a mark that is confusingly similar to a trademark already owned by another person or company. One of the most common defenses is that the defendant did not use the mark in a “confusingly similar” way. In other words, the defendant has to show that the mark it used was not likely to cause confusion among consumers. Another defense is that the trademark being used is a “generic” term. Generic terms are words that are typically used to describe a product or service, such as “fly” for a type of insecticide or “sport” for a type of athletic activity. A generic word can’t be trademarked in Indiana, so if a defendant is using a generic term, then it can’t be liable for trademark infringement. The defendant can also argue that it got its mark from a different source and was unaware of the presence of the prior trademark. If the defendant had no knowledge of the prior trademark and no reason to believe a consumer would be confused, then it may be able to use the trademark. Additionally, the defendant might be able to argue that the trademark was obtained legally. This could be the case if the defendant bought the trademark from the prior trademark holder or if it was given permission to use the trademark. Finally, the defendant might be able to rely on the “fair use” defense. This means that the defendant was not using the trademark in a way that would cause confusion and was instead using it in a way that is allowed under copyright law.

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Are there any defenses to a trademark infringement claim?

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