Trademark allows limited use of others' trademarks without permission. It covers nominative use for reference, classic use for description, and for commentary. Fair use balances trademark protection with free expression and competition.
Courts consider factors like consumer confusion, dilution, and commercial impact when evaluating fair use claims. Parody gets special protection if it's genuine and doesn't cause confusion. Understanding these concepts helps navigate trademark law's complexities.
Fair Use of Trademarks
Concept of trademark fair use
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Top images from around the web for Concept of trademark fair use
International brand strategy: Case analysis according to the Moroccan Market - Research leap View original
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Fair Use and Blurred Lines Between Common Law and Civil Law Countries | infojustice View original
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Intellectual Property – Mastering Strategic Management – 1st Canadian Edition View original
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International brand strategy: Case analysis according to the Moroccan Market - Research leap View original
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Fair Use and Blurred Lines Between Common Law and Civil Law Countries | infojustice View original
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Allows use of another's trademark in specific situations without permission
Use must not cause confusion about source of goods or services ( vs )
Use must not diminish distinctiveness of the trademark (, )
Determined case-by-case based on purpose of use, nature of trademarked work, amount used, and effect on potential market value
Nominative vs classic fair use
permits using another's trademark to refer to their actual goods or services
Use is necessary to identify the goods or services (product reviews, comparisons)
Use does not imply sponsorship or endorsement by trademark owner (news reporting)
allows using another's trademark descriptively, not as a trademark
Use is in good faith to describe user's own goods or services
Examples: "sweet" to describe taste of food, "soft" for fabric texture
Parody in trademark fair use
Parody humorously imitates or criticizes another's work as a form of expression
Can be defense against trademark infringement under fair use if:
It is a genuine parody, not just humorous reference to trademark ()
It does not create confusion about source of goods or services
It does not dilute distinctiveness of the trademark
Factors considered:
Similarity between parody and trademarked work
Intent behind the parody (commentary, criticism)
Likelihood of consumer confusion
Potential impact on market for trademarked work
Examples of protected parodies:
dog toys parodying handbags
jeans parodying jeans
Additional Considerations in Trademark Fair Use
: A key factor in determining trademark infringement, assessing whether consumers might be confused about the source of goods or services
: Weakening of a famous trademark's distinctiveness through use by others, even in absence of consumer confusion
: Use of a trademark in connection with the sale or advertising of goods or services, which may affect fair use analysis
: How the average consumer views and understands the use of a trademark in context
: The level of protection a trademark receives based on its distinctiveness, impacting fair use considerations