What is the most common remedy for trademark infringement?
Some of the most common legal remedies for trademark infringement include:
- Monetary compensation. The classic legal remedy in any type of litigation is monetary compensation. …
- Court-ordered injunction. …
- Court-ordered forfeiture or destruction of the infringing goods. …
- Payment of plaintiff’s attorneys’ fees.
Which of the following is a defense to a charge of trademark infringement?
The following are some defenses to trademark infringement claims, including affirmative defenses: Descriptive Fair Use. Nominative Fair Use. Invalid Mark or Registration.
What are the Defences available to defendant in an infringement suit?
Remedies for trademark infringement
Injunction by prohibition of use of the infringing mark. Injunction by cancellation of the registration, if the mark has been registered. Damages (may include punitive damages) or account of profits. Costs towards legal fees.
How do you fight a trademark infringement?
If the trademark owner is able to prove infringement, available remedies may include the following:
- a court order (injunction) that the defendant stop using the accused mark;
- an order requiring the destruction or forfeiture of infringing articles;
What happens if you don’t enforce your trademark?
If you don’t enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There’s also a concept in trademark law called abandonment. Generally, if you don’t use your mark for three years or more, it’s considered abandoned.
What is the difference between trademark dilution and infringement?
Dilution differs from normal trademark infringement in that there is no need to prove a likelihood of confusion to protect a mark. Instead, all that is required is that use of a “famous” mark by a third party causes the dilution of the “distinctive quality” of the mark.
What is an example of a trademark infringement?
One common example of trademark infringement is where clothing manufacturers attach brand labels to generic items, attempting to have them “pass off” as authentic. Trademark infringement violations are very serious and are often involve aspects of deceptive trade practices.
When can you sue for trademark infringement?
To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are “senior” to the defendant’s), and that the defendant’s mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or …
What is trademark dilution and give an example?
For example, a famous trademark used by one company to refer to hair care products might be diluted if another company began using a similar mark to refer to breakfast cereals or spark plugs. Dilution is a basis of trademark infringement that applies only to famous marks.
How do you defend against infringement?
Defenses to Copyright Infringement Claims
- Fair use doctrine.
- Proof the work was independently created and not copied.
- Innocence (proving there was no reason to believe the work was copyrighted)
- The use is with a license agreement in place (this can shift liability to the licensor)
How do you defend infringement?
Six steps to protect against copyright infringement claims
- Do not copy anything. …
- Avoid non-virgin development. …
- Avoid access to prior design work. …
- Document right to use. …
- Negotiate for enhanced warranty and indemnity clauses. …
- Document your own work.
What is considered patent infringement?
Violation of a patent owner’s rights with respect to some invention. Unless permitted by the patent owner, one commits patent infringement by making, using, offering to sell, or selling something that contains every element of a patented claim or its equivalent while the patent is in effect.