Sentences with phrase «fair use of trademarks»

Statutory fair use of trademarks is limited to nominative use.

Fair use of the trademarks and service marks requires proper acknowledgment.

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 trademaUse 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 trademause 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.