Are there any defenses to a trademark infringement claim?

Yes, there are several possible defenses to a trademark infringement claim under Maryland law. The first defense is that the allegedly infringing mark is not confusingly similar to the registered mark. If the two marks are sufficiently different, then there is no infringement. A second defense is that the defendant had no intention to confuse or influence the public with the use of the mark. In other words, the defendant could show that the use of the mark was not meant to take advantage of the goodwill associated with the registered mark. Another defense is that the allegedly infringing mark is being used to describe or identify a product or service and not to suggest an association with the registered mark. This is known as a "nominative fair use" defense and it allows for the use of a protected mark to identify it, rather than to trade on the goodwill associated with it. A fourth defense is called the doctrine of laches, which essentially states that the plaintiff waited too long to bring a claim. Here, the plaintiff cannot unreasonably delay in bringing an infringement claim and then expect the court to make a ruling. Finally, the defendant may be able to establish that the registered mark has become generic and thus no longer deserves protection. This defense requires strong evidence that the mark has lost its distinctiveness in the eyes of the public and is now used to refer to a general type of product or service.

Related FAQs

What are the remedies available in a UDRP claim?
How does the Federal Trade Commission (FTC) regulate unfair competition?
What are the remedies available for trademark infringement?
Are there any defenses to a claim of copyright infringement?
What is the Federal Trade Commission Act (FTCA)?
What are the elements of a false advertising claim?
Are there any defenses to an Anti-Cybersquatting Consumer Protection Act claim?
What is the difference between unfair competition and antitrust law?
How does trademark law protect against trademark infringement?
What is the purpose of the Uniform Domain Name Dispute Resolution Policy (UDRP)?

Are there any defenses to a trademark infringement claim?

Related FAQs

Related Blog Posts