Trademark Infringement Counterclaim

A Trademark Infringement Counterclaim is a legal claim filed by a defendant in a trademark lawsuit against the plaintiff, alleging that the plaintiff has infringed the defendant’s own trademark rights. The counterclaim typically mirrors the elements and format of a trademark infringement complaint, including the identification of the defendant’s trademark, the description of the plaintiff’s infringing activities, and the request for relief such as injunctive relief, damages, and attorney’s fees. Counterclaims can be mandatory (arising from the same transaction or occurrence as the plaintiff’s claim) or permissive (arising from a separate matter). They can be a strategic tool for defendants to assert their own rights, shift the focus of the litigation, gain leverage in settlement negotiations, or seek a declaratory judgment of non-infringement. However, they also carry risks such as increased complexity, cost, and exposure of the case, and potential adverse findings or precedents.