- Fair use (U.S. trademark law)
:"For fair use in copyright law, see
In the United States,
trademarklaw includes a fair use defense, sometimes called "trademark fair use" to distinguish it from the better-known fair usedoctrine in copyright. As with copyright law, the trademark fair use doctrine is premised in significant part on the First Amendment guarantees of free speech. Fair use is consistent with the more limited protection granted to trademarks, generally specific only to the particular product market and geographic area of the trademark owner.
Most trademarks are adopted from words or symbols already common to the culture, as
Apple Computeris from apple, instead of being invented by the mark owner (such as Kodak). Courts have recognized that ownership in the mark cannot prevent others from using the word or symbol in these other senses, such as if the trademark is a descriptive word or common symbol such as a pine tree. This means that the less distinctive or original the trademark, the less able the trademark owner will be to control how it is used.
A nonowner may also use a trademark "nominatively"—to refer to the actual trademarked product or its source. In addition to protecting product criticism and analysis, United States law actually encourages nominative usage by competitors in the form of comparative advertising.
The fair use defense in trademark law is not precluded by the possibility of confusion, according to the U.S. Supreme Court in 2004. ["KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc.", 543 U.S. 111 (2004).] However, courts may consider the possibility of confusion in analyzing whether a use is fair or not. Intent to sow confusion is also relevant; hence, the general rule that no more of the trademark should be used than necessary for the legitimate purpose. For instance, use of a word mark is preferred to a logo, and a word mark in the same style of type as surrounding text is preferred to a word mark in its trademarked distinctive type.
Wikimedia Foundation. 2010.
Look at other dictionaries:
fair use — see use 2 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. fair use n. The legal use of cop … Law dictionary
Fair use — is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non licensed citation or… … Wikipedia
fair use — noun a doctrine in intellectual property law that permits one party to make use of another partys protected intellectual property (such as a copyright or trademark) under narrowly defined circumstances Although fair use was not mentioned in the… … Wiktionary
United States trademark law — Intellectual property law Primary rights Copyright · authors rights … Wikipedia
Japanese trademark law — is mainly enacted by Nihongo|the Trademark Act|商標法|Shōhyō hō of 1959. Under Japanese trademark law, only registered trademarks establish a trademark right (Article 18), and examination procedure is necessary for trademarks to be registered… … Wikipedia
Trademark — For other uses, see Trademark (disambiguation). For guidelines on using trademarks within Wikipedia, see Wikipedia:Manual of Style (trademarks). Intellectual property law … Wikipedia
Law, Crime, and Law Enforcement — ▪ 2006 Introduction Trials of former heads of state, U.S. Supreme Court rulings on eminent domain and the death penalty, and high profile cases against former executives of large corporations were leading legal and criminal issues in 2005.… … Universalium
Law — /law/, n. 1. Andrew Bonar /bon euhr/, 1858 1923, English statesman, born in Canada: prime minister 1922 23. 2. John, 1671 1729, Scottish financier. 3. William, 1686 1761, English clergyman and devotional writer. * * * I Discipline and profession… … Universalium
law — law1 lawlike, adj. /law/, n. 1. the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. 2 … Universalium
Nominative use — Nominative use, also nominative fair use , is a legal doctrine that provides an affirmative defense to trademark infringement as enunciated by the United States Ninth Circuit, by which a person may use the trademark of another as a reference… … Wikipedia