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Jan 27, 2023 · Nominative Fair Use. Nominative fair use is when you use someone else's trademark to identify the trademark owner's goods or services. You're not using another's trademark to describe your own goods or services, but instead to describe theirs. Nominative fair use can be used as a defense against trademark dilution.
Getty. If you want to use someone else's trademark, you must ask the trademark owner for permission to use it. Generally, if the trademark owner gives you permission to use his trademark, you may ...
What is trademark infringement? A trademark helps distinguish your company's goods or services from others in the marketplace. If someone is using your trademark without your permission, they are committing trademark infringement. If someone is using a confusingly similar trademark, they may also be committing trademark infringement ...
Dec 16, 2020 · Nominative fair use permits use of another’s trademark to refer to the trademark owner’s goods and services associated with the mark. Nominative fair use generally is permissible as long as: (1) the product or service in question is not readily identifiable without use of the trademark; (2) only so much of the mark as is reasonably ...
There can be instances where you can use a trademark without actual infringement on the trademark. This is when the use is not actually trademark use. Fair Use. One instance of trademark use that is not infringement is called “fair use.” Fair use allows trademark use when the courts or Congress has determined such use is protected by legal ...
Aug 23, 2024 · 1. Informational or descriptive fair use. You can use someone else's trademark without permission if you are using it for informational purposes. This exception applies to situations where you are: Expressing an opinion. Leaving a review. Creating an informational piece. Educating others about the brand or brand options for a particular product.
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Oct 24, 2022 · Generally, third parties cannot use a trademark without the owner’s permission (such as obtaining a trademark license). However, not every unauthorized use constitutes trademark infringement. In some cases, the user may have a defense to the infringement claim. One of the most common defenses is called fair use.
