From the course: Understanding Intellectual Property (2014)

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Consequences and defenses of infringement

Consequences and defenses of infringement

From the course: Understanding Intellectual Property (2014)

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Consequences and defenses of infringement

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What happens if you lose a trademark infringement case? Or if you're the one suing for infringement, what happens if you win? Well, in most cases you're going to get an injunction. That means that the party who is found to be an infringer, will have to stop. They'll have to change their name. They'll have to agree to stop. In some cases you might get damages, but in most cases, under trademark law, the prevailing party will not get damages. That means that you will have had to spend money to enforce your rights, and in the end, not get any money back, but you do get an injunction telling the other party that they need to stop. Are there any defenses to infringement? The answer to that is yes, there are a lot of defenses to infringement. You may use somebody else's trademark, even without their permission in certain circumstances. We call this fair use in some cases, nominative fair use is simply where you use somebody's name or trademark to talk about them. Comparative advertising is…

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