JD Supra

Nominative Fair Use: The Second Circuit Joins Neither The Third Nor Ninth Circuits In Its Approach

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 evaluated in ...
JD Supra

Nominative Fair Use of a Trademark: The Second Circuit Weighs In

If a defendant in a trademark case uses the plaintiff’s trademark, not to identify the defendant’s own products, but rather to refer accurately to the plaintiff’s products, is that trademark ...
The National Law Review

Certification Mark May Be Infringed Despite Nominative Fair Use, Lack of Source Confusion

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Los Angeles Times

A Word, Please: Bending the ‘rules’ on predicate nominative

Many years ago, back when I used to answer my landline telephone, I found myself in a conundrum. I realized that, when a caller asked, “May I speak to June, please?” I would answer, “This is she.” But ...
The National Law Review

Second Circuit Highlights Splits on Nominative Trademark Fair Use

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...