Policing Marks

JurisdictionMaryland

XVI. POLICING MARKS

A. Ultimate Peril of Other Users

It is incumbent upon a mark's owner to stop infringing uses of its mark. Because a mark has value and existence by being uniquely identified as a source of goods, the owner must take affirmative steps to keep third-parties from infringing its mark. Failure to address infringers weakens a trademark, allows encroachment, and thus reduces the ability to stop future infringers.

B. Monitor Infringers

A trademark owner should maintain a monitoring program that...

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