Fair use of the trademarks and service marks requires proper acknowledgment.
Statutory
fair use of trademarks is limited to nominative use.
The court ruled that MLSonline's use of the Trademark did not constitute a nominative
fair use of the Trademark.
Not exact matches
There are a number
of defenses to
trademark infringement which include abandonment, limitations based on geographic area, and
fair use.
EFF defended the free speech and
fair use rights
of an online newsletter publisher after the world's third largest pharmaceutical company that accused him
of trademark infringement and cybersquatting.
Under the
Fair Use doctrine, a trademark may be used without permission for commentary or criticism as long as the purpose of the use is not the same purpose of the tradema
Use doctrine, a
trademark may be
used without permission for commentary or criticism as long as the purpose
of the
use is not the same purpose of the tradema
use is not the same purpose
of the
trademark.
FICO and «The score lenders
use» are registered
trademarks of Fair Isaac Corporation in the United States and other countries.
FICO and The Score Lenders
Use are
trademarks or registered
trademarks of Fair Isaac Corporation in the United States and other countries.
FICO and «The score lenders
use» are
trademarks and / or registered
trademarks of Fair Isaac Corporation in the United States and other countries.
FICO, myFICO, Score Watch, The score lenders
use, and The Score That Matters are
trademarks or registered
trademarks of Fair Isaac Corporation.
Mr. Kohler's legal experience is comprised
of both transactional and litigation services, and includes cases involving
trademark prosecution and infringement, software licensing agreements, contract drafting and enforcement, copyright infringement and
fair use, website liability, business entity formation, private securities offerings, partnership disputes and more.
General Counsel from the U.S. Patent and
Trademark Office released a memorandum on 19 January 2012 on: USPTO Position on
Fair Use of Copies
of NPL Made in Patent Examination.
And that
use of a
trademark to describe the
trademarked goods, called «nominative
fair use,» is A-OK where there is no likelihood that the public will be confused as to Toyota's sponsorship or endorsement
of the Tabaris» websites.
It can be protected as a
trademark, but it would almost certainly be allowed as nominative
fair use, since the alternative
of indirect descriptive reference («the grocery store founded in 1930 by George W. Jenkins») is not only cumbersome, but it doesn't even answer the question, where only the name can be
used.
Mr. Whitney's representative work includes a series
of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright
fair use and parody on behalf
of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class
of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a
trademark and trade dress action against a manufacturer
of knock - off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations
of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.
The U.S. District Court for the Northern District
of Illinois found the sign was
fair use and not likely to infringe LEYE's LETTUCE
trademark, so it denied LEYE's motion for a temporary restraining order.
Drawing on data from Lex Machina's proprietary intellectual property litigation database, these quantified insights into time - to - injunction, findings
of infringement or
fair use, and damages won can be
used to help attorneys budget cases and craft winning strategies for
trademark litigation.
Here, the Ninth Circuit Court applied the nominative
fair use test to the defendant and concluded the Defendant's
use of these
trademarked items was permissible because there was no other practical way for the Defendant to describe herself.
That said, assuming for sake
of discussion that the mark is valid, there is indeed such a thing that is similar to the copyright
fair use in
trademarks (in the U.S. at least).
There really isn't such a thing as «
fair use»
of a
trademark as the term is
used in copyright.
I can't speak to the legal defensibility
of REALTOR as a
trademark but I believe that the transformative
use of words remains a right
of parody and
fair use.
A federal appellate court has considered whether a website's
use of various
trademarked terms constituted a nominative
fair use of the terms.
Ruling that the trial court did not apply the proper test in analyzing the Website's
fair use defense, the court sent the case back to the trial court to apply the above test to determine whether the Website's
use of the Companies»
trademarked terms constituted a
fair use.
If the
trademark holder can demonstrate the likelihood
of confusion, then the second step involves the defendant showing that its
use of the other party's
trademarked terms is «
fair».
FICO, myFICO, Score Watch, The score lenders
use, and The Score That Matters are
trademarks or registered
trademarks of Fair Isaac Corporation.