What defenses are available against allegations of tradmark infringement?
A case of trademark infringement can be difficult for a plaintiff, both in terms of proving liability and in proving damagesparticularly when you have good defense attorneys. There are a variety of defenses that a defendant will want to explore. Initially, a defendant will look to whether the allegedly infringed mark is even properly trademarkable. The age of the claimed trademark, strength of the mark, registration status of the mark, and complications during the registration process can affect the validity of a mark. A variety of challenges may also be raised under federal law to the venue of a particular dispute and the standing of a given plaintiff to bring suit. To establish liability, a Plaintiff will need to show likelihood of confusion, which proof must meet federal standards of admissibility under the federal rules of evidence. Assuming a case gets to a fact finder, which may be a jury or judge, a plaintiff will still have to persuade that trier of fact that a likelihood of co
