Defenses to Claim of Infringement of a Trademark

• Category: Federal - Jury Instructions - 11th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-11THCIR-10-3
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Defenses to Claim of Infringement of a Trademark are legal arguments that may be used to challenge the alleged infringement of a trademark. Generally, these defenses fall into two main categories: (1) non-infringement and (2) fair use. 1. Non-infringement Defense: This defense is used when the accused does not use the trademark in commerce, or if the accused’s use of the trademark is not likely to cause confusion among consumers. The accused may also argue that the trademark does not have a valid legal status, or that the trademark owner does not have a legitimate claim of ownership. 2. Fair Use Defense: This defense may be used if the accused’s use of the trademark is for a legitimate purpose such as criticism, commentary, parody, education, or news reporting. The accused must show that their use of the trademark is not likely to cause confusion among consumers. The accused may also argue that their use of the trademark is protected by the First Amendment. Other defenses to claim of infringement of a trademark include caches, estoppel, acquiescence, abandonment, and bad faith.