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Trademark Fair Use

Learn that nominative, noncommercial, or parodic uses of a mark provide defenses to accused infringers.


A trademark owner’s exclusive rights only extend to source-identifying, or trademark, uses. Non-trademark uses of a word or symbol don’t trigger liability for infringement or dilution. These non-trademark uses are sometimes called fair uses. In general, trademark law defines two types of fair use. The first is descriptive, or classic, fair use, and the second is nominative, or noncommercial, fair use.

I.              Descriptive...