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For the potentially infringing use of a trademark or service mark, fair use by a non-owner of the mark falls under two categories: Nominative fair use: referencing a mark to identify the actual goods and services that the trademark holder identifies with the mark. For example, it is not trademark infringement to refer to a printer produced by ...
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission ... Fair use (U.S. trademark law)
Fair use in trademark law does not employ the same four-pronged analysis used in copyright law. The law recognizes two fair use defenses: classic fair use, where the alleged infringer is using the mark to describe accurately an aspect of its products; [10] and nominative fair use, in which the trademark is being used to actually refer to the ...
All "trademark fair use" doctrines, however classified, are distinct from the fair use doctrine in copyright law. However, the fair use of a trademark may be protected under copyright laws depending on the complexity or creativity of the mark as a design logo. [2] The nominative use test essentially states that one party may use or refer to the ...
In order to successfully assert a fair-use defense to a trademark infringement claim, the defendant must prove the three elements of the fair-use doctrine: (1) that the term was used in a way other than as a mark; (2) that the term was used to describe the goods or services offered or their geographic origin; and (3) that the use had been ...
Trademark is subject to various defenses, such as abandonment, limitations on geographic scope, and fair use. In the United States, the fair use defense protects many of the interests in free expression related to those protected by the First Amendment.
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Fair use; Likelihood of confusion Majority: Souter: Lanham Act: A defendant claiming fair use of a trademark does not have the burden of showing its use is not likely to cause confusion; Some consumer confusion regarding the origin of the goods or services is compatible with the fair use of a trademark. American Needle, Inc. v. NFL: 560 U.S ...
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