Are there any defenses to a trademark infringement claim?

Yes, there are defenses to a trademark infringement claim. In South Carolina, these defenses are based on the Trademark Dilution Revision Act of 2006. According to the provisions of this act, someone accused of infringing on a trademark can defend himself or herself by demonstrating that their use of the trademark is “fair use” or that it does not cause confusion. The “fair use” defense means that the accused party was using the trademark to describe something or for descriptive purposes, rather than to imply or suggest that the trademark holder is associated or affiliated with the accused party. For example, if a store sells a “Coca-Cola t-shirt,” this would be considered a fair use of Coca-Cola’s trademark. The second defense to a trademark infringement claim is that the accused party’s use of the trademark does not cause confusion. This means that the accused party’s use of the trademark does not make it seem that the trademark holder is associated or affiliated with them. For example, if a store sells a “Coca-Cola t-shirt” but does not use the same packaging or logo that Coca-Cola uses, then this could demonstrate that the accused party’s use of the trademark does not cause confusion. These are two of the most common defenses to a trademark infringement claim in South Carolina. If successful, these two defenses could help protect an accused party from liability for trademark infringement. However, it is important to note that every case of trademark infringement is different and that other defenses may be available depending on the circumstances.

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