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.
"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."
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
The deadlines and regulations for trademark registration are detailed and strict. An intellectual property 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.
Last Modified: 05-21-2018 12:34 AM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.