Affirmative Defenses To Use Of A Trademark
As we all know that various trademark infringement cases have been registered in recent days. Apart from providing aid to the claimant, the trademark court of law also offers chance to the suspects.
In a trademark infringement lawsuit, a suspect can appeal for a number of affirmative defenses available. An affirmative defense is the right of a suspect to defend himself and which would mean assaulting the truth of the claim. There can be various ways through which a suspect can defend himself. This would mean he can use various ways of affirmative defense to defend himself. Suspects can dispute and prove in the court of law that the claimant has discarded the trademark or he may further bend down to say that the trademark is a generic one.
Suspects may also argue on the fact that they have used the mark pretty reasonably and they didn’t intend to vie with the claimant. Another way of affirmative defense may also include that the suspect may claim that the claimant has used the trademark in a misleading way and has cheated the public policy that granted him the trademark. The suspect may argue that the claimant is involved in fraudulent use of the trademark law. He may further state that the claimant has breached laws which are designed to guard businesses i.e. the law of antitrust. Moreover, the suspect may provide the affirmative defenses of laches. Laches means that a person who waits too long to bring a claim alleging a wrong shall not be permitted to seek an equitable remedy.
Hence, an affirmative defense is just a phrase of art from legal actions which reflects the phase in which the defense is elicited.
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