Trademark infringement: Possible defences to this offence

Trademark infringement is the unauthorized use of a trademark or service mark on goods or services. The owner of a trademark can take legal action against the party that is infringing on their mark. There are a few possible defences to this offence.


First, the defendant can argue that they were not aware of the trademark. This is often the case when a company uses a similar name or logo to another company that is not in the same industry. Second, the defendant can argue that they were using the mark in good faith. This means that they believed that they had a valid reason to use the mark and were not

trying to deceive consumers or steal business from the original company.


Finally, the defendant can argue that their use of the trademark does not cause any harm to the original company. This is often the case when two companies are in different industries and there is no likelihood of confusion between the two products.
 

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