What are some defenses against trademark infringement?

What are some defenses against trademark infringement?

There are several defenses against trademark infringement, including fair use, descriptive use, and parody. Would you like to know more about any specific defense?

Can you explain the fair use defense?

Sure! The fair use defense allows limited use of a trademark without permission, typically for commentary, criticism, or educational purposes. It's evaluated based on factors like purpose, nature, amount used, and effect on the market.

What about the descriptive use defense?

Descriptive use occurs when a trademark is used to describe the goods or services rather than to identify the source. This defense can apply if the term is used in a way that is not misleading to consumers.

Are there any other common defenses?

Yes, another common defense is the parody defense, which allows the use of a trademark in a humorous or satirical context, as long as it doesn't confuse consumers about the source.