Property, intangible

a blog about ownership of intellectual property rights and its licensing


tolerated infringement

  • Tolerated Infringement

    A trademark ownership dispute generally means taking a very mushy set of facts and deciding who has the superior claim. Generally, avoiding likelihood of confusion is the paramount interest, so the outcome will mean that one party will have to cease its use. But sometimes courts allow what I call “tolerated infringement,” concurrent uses that […] Continue reading