What are Defenses to a Claim for Trademark Infringement?

What are Defenses to Trademark Infringement?

The following are defenses that may be asserted to a claim for trademark infringement:

  • Fraud

  • Genericness

  • Acquiescence

  • Limitations

  • Laches

  • Estoppel

  • Fair use

  • Waiver

  • Abandonment

  • Junior user

  • Invalid registration

  • Innocent user

  • License

  • Unclean hands

  • Trademark misuse

  • First Amendment protection

  • Prior judgment/release

For more information, see our trademark litigation service page and our trademark services practice page.

Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.

This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.

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Law, FAQ, TrademarksLindsey LeistKlemchuk PLLC