Are there any defenses to a trademark infringement claim?

Yes, there are defenses to a trademark infringement claim in New Jersey. The most common defense is that the defendant was using the trademark without any intent to falsely represent that its goods and services were those of the plaintiff. This is known as the “innocent-infringer” defense. To be successful with this defense, the defendant must prove that there was no reasonable opportunity to discover the existence of the plaintiff’s prior rights before using the trademark. Another defense to a trademark infringement claim is that the plaintiff’s trademark is not valid or is not enforceable. For example, a trademark might not be valid if it is generic and has no secondary meaning. Additionally, a trademark might be unenforceable if it has been abandoned or is geographically descriptive. The final defense is that of fair use, which means that the defendant is using the plaintiff’s trademark as part of a comment, criticism, or comparison. This is known as “nominative fair use,” and it can be used as a defense if the defendant does not use the mark as an endorsement or to suggest sponsorship by the plaintiff. In short, there are several defenses to a trademark infringement claim in New Jersey, including innocence, invalidity, unenforceability, and fair use. It is important for defendants facing such claims to research and consider these defenses before responding to the complaint.

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