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The nominative use doctrine was first enunciated in 1992 by the U.S. Court of Appeals for the Ninth Circuit in New Kids on the Block v. News America Publishing, Inc. [4] In New Kids on the Block, the court had examined a "New Kids on the Block survey" performed by the defendant, and found that there was no way to ask people their opinion of the band without using its name.
If Defendant uses the mark as a trademark (i.e., a brand, product name, company name, etc.) or if Defendant uses the term in a suggestive manner, it is not descriptive fair use. Nominative fair use of a mark may also occur within the context of comparative advertising. [2]
A trademark is a word, phrase, or logo that identifies the source of goods or services. [1] Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods ...
The Ninth Circuit overturned most of the district court's ruling, and found that Welles had not infringed on the Playboy trademarks and could claim the nominative use defense. According to American trademark law, nominative use of a different party's trademarks is permitted when: The product or service can not be readily identified without ...
The Lanham Act includes a fair-use exception, under § 1115(b)(4), for trademarks that consist of descriptive words, to prevent trademark monopolies over the use of descriptive terms. There are two types of fair use, descriptive fair use and nominative fair use.
The heirs of the late soccer star Diego Maradona have won a legal battle over the use of his trademark. Maradona had registered his name as a trademark with the European Union Intellectual ...
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