Are there any defenses to a trademark infringement claim?

Yes, there are defenses to a trademark infringement claim in North Carolina. The most common defenses are known as the three ‘fair use’ defenses. These defenses are based on the idea that a person can use a trademarked word or design in certain circumstances without infringing on the trademark holder’s rights. The first defense is called ‘descriptive use’. This means that someone can use a trademarked word or design to accurately describe a product or service, as long as they are not using it in a way that implies endorsement from the trademark holder. The second defense is called ‘nominative use’. This means that someone can use a trademarked word or design to reference the trademarked product in order to compare it with another product or to comment on it. The third defense is called ‘parody or criticism’. This means that someone can use a trademarked word or design to critique or criticize it, or to make a joke, as long as it does not create customer confusion. In North Carolina, these are the most common defenses to a trademark infringement claim. If the use of the trademarked word or design fits into one of the three fair use categories, the user may not be liable for trademark infringement.

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Are there any defenses to a trademark infringement claim?

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