Sentences with phrase «nominative fair use»

Your use of the trademark should qualify as Nominative Fair Use.
Risk assessment didn't perform due diligence if you're comment about nominative fair use is any indication; 4.
To show nominative fair use, a defendant must demonstrate, among other things, that using the trademark is necessary to describe both parties» products.
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.
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.
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.
Bottom line is that under the nominative fair use doctrine it's generally ok for party A to use party B's trademark to refer to whatever party B is doing, even to sell products and services related to whatever party B is doing.
They could maybe get away with this as nominative fair use.
It's called «nominative fair use».
The court also considered TheMLSonline's defense that its use of «Edina Realty» was a nominative 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.
The issue of a «nominative fair use» had not been previously addressed by the court in earlier decisions.
A nominative fair use occurs when the alleged infringer uses another's trademark to describe its own product or service.
An example of a nominative fair use is an auto mechanic stating he / she repairs Volkswagens.
The issue before the court was whether the Website's use of the trademarked terms constituted a «nominative fair use» of those terms.
Rejecting the test used by other courts because the court did not believe those courts had used the proper criteria, the court created its own two - step test for evaluating a nominative fair use.
The court ruled that MLSonline's use of the Trademark did not constitute a nominative fair use of the Trademark.
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