What are the Defense to a Trademark Infringement Claim?

The following defenses may be asserted in response to a trademark infringement claim:

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

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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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