Sentences with phrase «trademarked terms constituted»

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.

A federal appellate court has considered whether a website's use of various trademarked terms constituted a nominative fair use of the terms.

Not exact matches

Your failure to comply with the Terms of Use will constitute breach of contract and will violate Icelandic Glacial's copyright, trademark and other proprietary and intellectual property rights.

Without limiting the generality of any terms or conditions set forth herein, in using the Site, you may not transmit or solicit: (a) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; (b) any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability; or (c) any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

Nothing in these Terms constitutes a waiver of any rights under copyright laws, trademark laws or any other federal, state or local law, regulation, ordinance or treaty or a waiver of moral rights.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please notify the designated agent, Stephen Hicks, Ziff Davis, LLC at 28 East 28th Street, 11th Floor, New York, New York 10016, fax: [phone], or by email: [email protected] and insert «Terms of Use» in the subject line.

You represent and warrant for the benefit of the Company, the Company's suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (d) you are the owner of the Materials and they are original to you; (e) the Materials do not infringe any third party right, such as copyright, trademark, and publicity / privacy right; (f) the Materials do not constitute defamation or libel or otherwise violate the law, and (g) you agree to defend, indemnify, and hold the Company (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (g).