Cases for Non-Infringement

• Descriptive fair use

  • “use, otherwise than as a mark … of a term or device which is descriptive of and used fairly and in good faith only to describe the goods or services” of a party §1115(b)(4)

• Nominative use

  • product or service not readily identifiable without use of the trademark
  • only so much of the mark or marks used as is reasonably necessary to identify the product or service.
  • the user does nothing in conjunction with the mark to suggest sponsorship or endorsement by the trademark holder

• Parody or Commentary

  • First Amendment protection

Previous slide

Next slide

Back to first slide

View graphic version