Chapter 6. Trademark Infringement, Cancellations, and Dilution
Trademarks can be infringed by others. If a mark is registered with the U.S. Patent and Trademark Office (PTO), an infringement action can be initiated in federal court, and a variety of remedies can be imposed, from compensatory monetary damages, to destruction of offending goods, to punitive damages, to attorney's fees and costs. Trademark registrations can be cancelled if a petitioner proves that the registration should not have issued or that the mark has been abandoned. Finally, trademarks can also lose their distinctive quality by dilution, a whittling away of a trademark's strength or tarnishment of its reputation.
Get Protecting Your Company's Intellectual Property: A Practical Guide to Trademarks, Copyrights, Patents & Trade Secrets now with the O’Reilly learning platform.
O’Reilly members experience books, live events, courses curated by job role, and more from O’Reilly and nearly 200 top publishers.
