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Nominative fair use of a mark may also occur within the context of comparative advertising. [2] Under U.S. Supreme Court precedent, the fair use defense in trademark law is not precluded by the possibility of confusion. [3] However, courts may consider the possibility of confusion in analyzing whether a use is fair or not. [4]
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 law protects a company's goodwill, and helps consumers easily identify the source of the things they purchase. In principle, trademark law, by preventing others from copying a source-identifying mark, reduces the customer's costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that this
The caveat is Swift's team has up to three years to provide proof. Look what you made her do. Trademark registrations start with the filings. When Swift announced "Fearless (Taylor's Version)" on ...
Trademark distinctiveness is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable, if it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with "inherently distinctive" marks at one end ...
Most concurrent use proceedings result in a legal settlement between the parties. [12] Frequently, one party will surrender its concurrent use claim and instead receive a trademark license from the other party. In other situations, each party may agree to geographic limitations on its use of the mark at issue, which the TTAB will honor if the ...
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