Wednesday, May 29, 2013
Good article on the cost and benefits of trademark litigation.
Here is a good article on the cost and benefits of trademark litigation. Trademark litigation is when a mark owner sues someone for infringement, or when someone who does not own a mark sues the mark holder for a declaratory judgment invalidating the trademark. When a defendant is sued for infringement, the defendant will usually file a counterclaim for a declaratory judgment of invalidity. When a defendant is sued for a declaratory judgment of invalidity, the defendant may file a counterclaim for infringement. This just means that when a trademark owner or alleged infringer gets slapped with a lawsuit, he or she does not usually turn the other cheek. It means that he or she slaps back.