Topic
Nominative Fair Use
22 published works
RF EMerge
Practice Tips: Fair Use of a Trademark (Part II)
Sometimes it is necessary to use a third-party trademark to refer to the owner of a trademark or its goods and services, and not to describe a particular good or…
DuetsBlog
Nominative Fair Use of Another’s Logo
By Steve Baird®
The speaking circuit has come to a grinding halt, as it should, to slow the virus spread. My hope is to share some of that in-person content with each of…
Libation Law Blog
Considering using another’s trademark in a hashtag referencing your beverage without permission? Consider carefully.
A recent case is a decent reminder that using someone else’s trademark as a hashtag – even in advertising where you are showing your product is compatible with theirs –…
DuetsBlog
Does Google’s Enforcement Explain New Ads?
By Steve Baird®
Remember this North Memorial Health billboard ad -- sporting a plain and literal Google reference -- that we wrote about a few months ago, where nominative fair use was pretty…
Healthcare Law Insights
Branding 101: Nominative Fair Use
This week we are discussing ways you can use a third party’s mark to identify the third party’s goods or services while also advertising your own. For example, a dental office…
Marks, Works, and Secrets
Nominative Fair Use: The Second Circuit Joins Neither The Third Nor Ninth Circuits In Its Approach
By Ira S. Sacks, Rachel B. Rudensky
In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be…
The Trademark Blog
Spot the Differences in These Nominative Fair Use Tests
Here is the first factor from the Ninth Circuit nominative fair use test, courtesy of the New Kids on the Block case: First, the product or service in question must…
The Trademark Blog
Text of Second Circuit Nominative Fair Use Case (IISSCC v SU)
Introducing the 2d Circuit Nominative Fair Use Test: 1. Whether plaintiff's mark is necessary to describe both the plaintiff's and defendant's products, "that is, whether the product or service is…
DuetsBlog
Nominative Fair Use, as Illustrated by Colorful Balls
— Jessica Gutierrez Alm, Attorney If you watch any amount of T.V. or happened to catch either of the AFC or NFC Championship games last weekend, you’ve probably seen one…
DuetsBlog
iPhone 6, Can You Say Nominative Fair Use?
By Steve Baird®
We cover a lot of topics related to nominative fair use of trademarks, see here, here, and here for some of those discussions. Does the example below on product packaging…