Are there any defenses to a trademark infringement claim?

Yes, there are defenses to a trademark infringement claim in Kansas. Generally speaking, a defense to trademark infringement is when the trademark right holder can’t prove that the alleged infringer actually used the mark in commerce. Additionally, an alleged infringer may be able to argue that the trademark is invalid because it is too generic and doesn’t qualify for protection under the law. Another defense is if the trademark used by the accused infringer is not likely to cause confusion with the original mark. This is where the courts determine if the consumers are likely to be confused into thinking the products with the similar marks are from the same source. The accused infringer may be able to argue that the trademark holder has abandoned the mark due to lack of use or not protecting it from infringement. This can involve the actual physical use of a mark, such as a logo on products, or protections in the form of registration or proactive and responsive policing of unauthorized use. Furthermore, a trademark owner may have been “estopped” from asserting their rights due to unclean hands. This means that if the trademark holder has acted in an inequitable manner in the past, then they may be unable to assert their rights under the law. In summary, there are several defenses to a trademark infringement claim in Kansas. These include proving that the alleged infringer did not use the mark in commerce, arguing that the trademark is too generic to be protected, showing that confusion is not likely, demonstrating that the trademark holder abandoned it, and proving that the trademark holder acted in an inequitable manner.

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