Holicent
VIP Contributor
There are three possible defenses to trademark infringement, the first being that the defendant was not aware of the plaintiff's mark. In this case, it would be up to the plaintiff to prove that the defendant knew or should have known about their mark. The second possible defense is that the defendant did not intend to infringe upon the plaintiff's mark. Again, this would fall on the shoulders of both parties involved in this situation.
The third defense is that there is a legitimate use for the mark in question (this can include a trademarked product). In this instance, it would be up to an expert in trademark law whether or not this defense was valid or not.
When dealing with a trademark infringement claim, it is important to remember that the defense of fair use is often available. A trademark owner can also defend against a trademark infringement claim by showing that:
The defendant’s use was not likely to cause confusion or mistake; and/or the defendant’s use was substantial and significant, in terms of how closely related the products are and how similar they are to one another.
The third defense is that there is a legitimate use for the mark in question (this can include a trademarked product). In this instance, it would be up to an expert in trademark law whether or not this defense was valid or not.
When dealing with a trademark infringement claim, it is important to remember that the defense of fair use is often available. A trademark owner can also defend against a trademark infringement claim by showing that:
The defendant’s use was not likely to cause confusion or mistake; and/or the defendant’s use was substantial and significant, in terms of how closely related the products are and how similar they are to one another.
