Statute of Limitations on Trademarks
A trademark is a type of intellectual property. Intellectual property is an expression of the human mind that has value. The Lanham Act protects a trademark against infringement.
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Definition
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A trademark is a word, name, logo, symbol, design, domain name or a device used by manufacturers or merchants to identify and distinguish their goods from competitors. A mark is eligible for trademark protection if it is in use and it is distinctive.
Trademark Infringement
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A trademark owner can prevent others from using their trademark or a similar one that may create confusion. If the infringement results in economic damages, the trademark owner may recover compensation for the loss. If the infringement was intentional, the owner may be entitled to the profits of the infringer.
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Statute of Limitations
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The Lanham Act does not include a statute of limitations for bringing an infringement action. Instead, courts use the legal doctrine of laches to evaluate whether it is too late to bring a claim. The court will look at whether the plaintiff knew of the infringement, whether the plaintiff's delay in enforcing their right was inexcusable and whether allowing the plaintiff to exercise their right would create unjustifiable prejudice against the defendant.
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