Minn. Stat. § 541.05(1)(4)
Trademark Infringement
Unauthorized use of trademarks.
Statute of Limitation in Minnesota
The statute of limitations for filing a claim for trademark infringement in Minnesota is typically six years from the date of the infringement.
Deadline Calculator
Exceptions & Conditions
An exception occurs if the infringing party engaged in fraudulent concealment of their actions; in such cases, the statute may be tolled until the infringement is discovered. Additionally, if there is ongoing infringement, the time limitation may also be affected. Contact an attorney.
Example Scenario
If trademark infringement occurs on February 1, 2023, the claim must be filed by February 1, 2029.
Understanding Statutes of Limitations in Minnesota
The statute of limitations for trademark infringement in Minnesota acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Minnesota state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for trademark infringement after the 6-years period has expired, the defendant will likely file a motion to dismiss the case. In Minnesota, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Minnesota law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Minnesota serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (6 years in this instance), potential liability is extinguished.
Can this be resolved in Minnesota Small Claims court?