Are there any defenses to a trademark infringement claim?

Yes, there are defenses to a trademark infringement claim in Washington. The most prominent defense is that the trademark was not actually infringing on that of another person or company. This can be argued if the person or company claiming infringement has failed to prove ownership of the trademark or failed to show the trademark is similar enough to the other person or company’s trademark. Additionally, a defense of fair use can be used to argue that the use of the trademark is for nominative, or descriptive, uses, and is not meant to confuse customers as to the source of goods or services. Another defense is laches, which refers to an unreasonable delay in enforcing one’s trademark rights. This could be argued if the plaintiff waited a long time to enforce their rights or entered into an agreement with the defendant that they now wish to enforce. Additionally, an equitable estoppel defense can be used if the defendant relied on some representations made by the plaintiff to their detriment. For example, the plaintiff may have promised the defendant that they would not pursue any claims of trademark infringement. In Washington, an owner of a trademark can also enforce any rights they have in the courts. If someone is found to be guilty of trademark infringement, they could be liable for monetary damages or an injunction to stop them from using the trademark. However, by using any of the defenses outlined above, a defendant can successfully defend against a trademark infringement claim in Washington.

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