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.
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.