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Progressive Encroachment

Definition

A doctrine related to the acquiescence defense in a trademark infringement case, in which a defendant engages in enough infringing action to raise the acquiescence defense but not enough to give rise to a sufficiently actionable infringement claim. Progressive encroachment can occur if a likelihood of confusion slowly emerges during the period of alleged acquiescence, as the defendant gradually enters the plaintiff’s market or a related market.

Related Rules [?]