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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.
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 trademarked product or trademark owner.
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 Casio as a "Casio printer".
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 ...
On appeal, the Ninth Circuit ruled the song was protected as a parody under the trademark doctrine of nominative use and the First Amendment to the United States Constitution, in an opinion penned by Judge Alex Kozinski; in reaching that result the court adopted the Rogers test set out by the Second Circuit in Rogers v.
Penn State has won a closely watched trademark fight over an online retailer's use of its vintage sports logos and images. A Pennsylvania jury awarded Penn State $28,000 in damages on Wednesday ...
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