Injunctive Relief For Trademark In Suffolk
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FAQ
You may file a declaratory judgment lawsuit, asking a court to declare that your mark does not infringe the trademark owner's mark, and/or that the trademark owner's mark is invalid.
There are four main trademark infringement defenses that may be available for a defendant against a claim of trademark infringement: Doctrine of laches; Estoppel; Unclean hands; and. Fair use doctrine or collateral use doctrine.
Initiating A Legal Action by Filing a Complaint Assertion of your ownership rights to the trademark in question, Identification of the accused trademark infringer/defendant, An explanation of the relevant facts, Identification of the grounds upon which the action is based (e.g., trademark infringement, dilution, etc.),
The most common remedy for trademark infringement is injunctive relief. Injunctions are court orders commanding that the infringer immediately cease its unlawful activities. Injunctions address future conduct rather than past actions.
One remedy is injunctive relief, which restrains the defendant from future copying of the work. A preliminary injunction can be sought early in the case to restrain copying during the lawsuit.
Initiating A Legal Action by Filing a Complaint Assertion of your ownership rights to the trademark in question, Identification of the accused trademark infringer/defendant, An explanation of the relevant facts, Identification of the grounds upon which the action is based (e.g., trademark infringement, dilution, etc.),
The two main defenses are fair use and parody. The fair use defense applies to descriptive trademarks and argues that the trademark was used in good faith for its primary meaning, not the secondary meaning that is protected.
