Another of the equitable defenses is called "unclean hands." Although I mentioned the word in previous episodes, it might be helpful to explain what it means in more detail. So, in this episode, I'll try to describe the concept of unclean hands in more detail.
GENERAL LINKS:
- Calendly page to schedule a call: https://calendly.com/keithlawpllc/20minute
- Podcast Website: https://www.keith.law/category/podcast/
- Firm Website: https://www.keith.law/
- LinkedIn profile: https://www.linkedin.com/in/jason-keith-0736a931/
EPISODE-SPECIFIC LINKS:
- Episode's blog post: https://www.keith.law/trademark/explaining-unclean-hands-a-third-equitable-defense-to-trademark-infringement/
- EP001: https://www.keith.law/trademark/practical-trademark-protection/
- EP008: https://www.keith.law/trademark/explaining-laches-an-equitable-defense-to-trademark-infringement/
- EP016: https://www.keith.law/trademark/explaining-acquiescence-another-equitable-defense-to-trademark-infringement/
- Information on what a "cause of action" is: https://en.wikipedia.org/wiki/Cause_of_action
- General information about equitable remedies: https://en.wikipedia.org/wiki/Equitable_remedy
- General information about the unclean-hands doctrine: https://en.wikipedia.org/wiki/Clean_hands
- Information about the Lanham Act: https://en.wikipedia.org/wiki/Lanham_Act
- Texas Trademarks Act: https://statutes.capitol.texas.gov/Docs/BC/htm/BC.16.htm
- Texas Uniform Trade Secret Act: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.134A.htm
TIMESTAMPS:
00:00 — Unclean Hands—a third equitable defense to trademark infringement.
00:07 — Intro
00:31 — What led to this episode topic, and the goal of this episode.
01:25 — Unclean hands and laches are equitable defenses available in both the trademark infringement and trade secret misappropriation context.
01:50 — Reminder of what a cause of action is.
02:55 — Most defenses have essential elements too—but that's not necessarily the case with unclean hands.
03:30 — Defendants may have equitable defenses to a plaintiff's trademark infringement cause of action.
04:00 — The definition of unclean hands (i.e., the clean-hands doctrine or the unclean-hands doctrine).
04:27 — Unclean hands is available under the Lanham act and unfair competition.
05:02 — The concept behind unclean hands.
05:32 — When courts will enforce the unclean-hands doctrine.
06:34 — Equitable defenses are personal defenses—meaning they are based on action or inaction with specific relation to the defendant, not with relation to the world in general.
07:25 — The party alleging unclean hands must establish personal harm or injury from the unclean hands behavior.
07:52 — The defendant also has to show a direct connection between the alleged bad behavior and the specific issue in front of the court.
08:20 — An example where unclean hands was alleged but denied by a court.
09:19 — Examples in which a trade secrets owner can be denied trade secret protection in the face of an unclean hands defense.
09:40 — A plaintiff can use the unclean-hands doctrine to prevent a defendant from benefiting from defenses that would otherwise prevent defendant's liability.
10:31 — This episode's takeaway.
11:15 — Please subscribe, check the show notes, and email or schedule a call with your questions.
11:41 — Outro
Disclaimer: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.
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