Search results
Results from the WOW.Com Content Network
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] Under U.S. Supreme Court precedent, the fair use defense in trademark ...
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.
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 ...
The URL of the page where the unauthorized use of the trademark is located; A description of the reasons why owner or agent claims the trademark as it appears on the service infringes owner’s trademark rights; A statement by owner or agent that the disputed use is not authorized by the owner, its agent, or by law;
Although fair use ostensibly permits certain uses without liability, many content creators and publishers try to avoid a potential court battle by seeking a legally unnecessary license from copyright owners for any use of non-public domain material, even in situations where a fair use defense would likely succeed. The simple reason is that 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 ...
eBay’s use of the Tiffany trademark is protected by the nominative fair use defense. Generalized knowledge of infringing activities by third parties is insufficient to attach contributory trademark infringement liability. Extrinsic evidence is necessary to determine customer confusion for Lanham Act false advertisement liability. Majority
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.