From the course: Understanding Intellectual Property

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Consequences and defenses of infringement

Consequences and defenses of infringement

From the course: Understanding Intellectual Property

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Consequences and defenses of infringement

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- Consequences and Defenses of Infringement. 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 have to change their name. 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'll 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 several defenses to infringement. You may use someone else's trademark, even without their permission in certain circumstances. You've probably heard the phrase fair use before. Nominative fair use is simply where you use someone else's name or trademark to talk about them…

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