Sentences with phrase «as nominative fair use»

Even if a trademark is arbitrary and fanciful, the owner may still not be able to enforce his or her rights if it is used in a manner qualifying as nominative fair use, for example, to identify and separate his or her goods or services from a competitor's.

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.

Not exact matches

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.