× Didn't find what you were looking for? Ask a question
Top Posters
Since Sunday
r
4
L
4
3
d
3
M
3
l
3
V
3
s
3
d
3
a
3
g
3
j
3
New Topic  
Bermet Bermet
wrote...
Posts: 710
Rep: 0 0
6 years ago
What conditions must be met for a defendant to successfully use the nominative fair use defense?
Read 52 times
1 Reply

Related Topics

Replies
wrote...
6 years ago
Nominative fair use is a defense often employed by the defendant in a trademark infringement case where a defendant uses a plaintiff's mark to identify the plaintiff's products or services in conjunction with its own products or services. To successfully employ this defense, the defendant must show three things:
1) The plaintiff's product or service cannot be readily identifiable without using the plaintiff's mark.
2) It uses only as much of plaintiff's mark as necessary to identify the defendant's product or service.
3) The defendant does nothing with the plaintiff's mark that suggests endorsement or sponsorship by the
plaintiff.
New Topic      
Explore
Post your homework questions and get free online help from our incredible volunteers
  1569 People Browsing
Related Images
  
 60
  
 753
  
 302
Your Opinion
How often do you eat-out per week?
Votes: 81