Having a trademark confers valuable rights to its owner. While these rights may be used in an equitable manner to protect one’s trademark and business, if misused these rights may result in claims against the owner. Misuse can be use that violates other laws or things such as enforcing a trademark which was obtained through fraud. Misuse may also occur if licensee violates the agreements of a trademark license, such as by engaging in illegal discrimination. Trademark misuse can come into play when dealing with antitrust laws. Such violations require a direct link between the antitrust violation and the trademark to accomplish a violation such as restraint of trade or monopolization. A violation like this could be in the form of bad-faith trademark enforcement. A trademark grants you rights and it is your duty to not only maintain them, but to ensure that you exercise them properly and in a way that maintains equity for you and other trademark owners.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.