Are there any defenses to a trademark infringement claim?

Yes, there are several potential defenses to a trademark infringement claim in Texas. A trademark is a word, phrase, logo, symbol, or design that identifies and distinguishes the source of products or services from other businesses. The first possible defense is that the defendant had no knowledge of the mark. The defendant must have known or have been aware of the mark in order to infringe upon it. If there was no such knowledge, then the defendant cannot be held liable for trademark infringement. The second possible defense is that the mark is generic. A generic term cannot be trademarked and therefore cannot be infringed upon. The third possible defense is that the mark was not used in commerce. The defendant must have actually used the trademark in commerce in order for it to be infringed upon. Finally, the fourth possible defense is that the defendant has made a fair use of the mark. This applies when the use of a trademark is not to confuse the public, but instead to describe the company or product that it refers to. In short, there are several potential defenses to a trademark infringement claim in Texas. These include lack of knowledge, genericism, lack of use in commerce, and fair use. It is important to consult with an attorney to determine which defense may be most applicable in any given case.

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