Defenses to Trademark Infringement

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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How Can I Defend Myself Against a Claim of Trademark Infringement?

There are four distinct defenses available for a defense against a claim of trademark infringement:

Doctrine of Laches
Stating that the other party neglected to assert a right or claim which, taken together with lapse of time and other circumstances causing prejudice to you, operates as bar in court of equity.

Estoppel
"The doctrine of estoppel has three essential elements -- a position of authority assumed by the defendant; submission to and reliance upon that assumption by the plaintiff; and injury suffered by the plaintiff as an immediate consequence of such submission and reliance."

Unclean Hands
Invoked by a court only when a plaintiff otherwise entitled to relief has acted so improperly with respect to the controversy that the public interest in punishing the plaintiff outweighs the need to prevent defendant's illegal conduct.

Fair Use/ Collateral Use

Should I Consult a Lawyer About My Trademark Issue?

The deadlines and regulations for trademark registration are detailed and strict. An attorney can help you meet all the deadlines and fulfill all the requirements. A lawyer can also participate in on-going research to make certain no one else is using or diluting your trademark without your permission. Additionally, if you have an issue of trademark dilution or infringement, an attorney can guide you through the difficult and strict procedural requirements for litigation and bring out the core of your case.

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Last Modified: 12-11-2013 02:23 PM PST

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