Fair Use & Parody Defense

When a lawsuit is brought against you or your company for trademark infringement, a trademark attorney at T.W. Stevens Law Firm will explain what defenses are available to you and how they affect your use of a trademark. They can also help you better understand trademark enforcement.

Fair Use defense

This defense is most often seen in cases where the trademark being infringed on is classified as a “descriptive mark”.  A descriptive mark requires the mark have a secondary meaning beyond the plain description of the product. For example: the use of Kleenex® to describe facial tissue.

Parody defense

A parody exists when one imitates a serious piece of work, or defaces a trademark for a humorous or satirical effect. While you may assume that this parody was done in fun, the owner of the trademarked piece may not think so, hence a law suit follows.
If you have been accused of infringing on the trademark of another company, do not hesitate to contact experienced trademark attorneys at T.W. Stevens Law Firm.


Dover Office

T.W. Stevens Law Firm, pllc
340 Central Avenue, Suite 203
Dover, NH 03820

Ph: (603) 749-6400
Fax: (603) 749-6401

Portsmouth Office

T.W. Stevens Law Firm, PLLC
101 Market Street
Portsmouth, NH 03801

Phone: (603) 749-6400
Fax: (603) 749-6401

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