Join Dana Robinson for an in-depth discussion in this video Consequences and defenses of infringement, part of Intellectual Property Fundamentals.
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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 acceptable as well.…
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DISCLAIMER: This course is taught by an attorney and addresses US law concepts that may not apply in all countries. Neither LInkedIn nor the attorney teaching the course represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate basic information to help viewers understand the basics of intellectual property.
- What is intellectual property?
- What is a copyright?
- How long do copyrights last?
- Trademarking your brand
- Trademark infringement
- Patenting your ideas
- Defending trade secrets<br><br>
- The PMI Registered Education Provider logo is a registered mark of the Project Management Institute, Inc.
Skill Level Appropriate for all
4. Trade Secrets
5. Rights of Publicity
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