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For example, it is not trademark infringement to refer to a printer produced by Casio as a "Casio printer". Descriptive fair use: Using a descriptive mark in an ordinary, descriptive manner to describe a product or service. For example, describing a component within a dehumidifier as "honeycomb-shaped" was a fair use of a registered trademark ...
Examples of fair use in United States copyright law include commentary, search engines, criticism, parody, news reporting, research, and scholarship. [7] Fair use provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor test.
Fair use; Likelihood of confusion Majority: Souter: Lanham Act: A defendant claiming fair use of a trademark does not have the burden of showing its use is not likely to cause confusion; Some consumer confusion regarding the origin of the goods or services is compatible with the fair use of a trademark. American Needle, Inc. v. NFL: 560 U.S ...
All "trademark fair use" doctrines, however classified, are distinct from the fair use doctrine in copyright law. However, the fair use of a trademark may be protected under copyright laws depending on the complexity or creativity of the mark as a design logo. [2] The nominative use test essentially states that one party may use or refer to the ...
Fair use in trademark law does not employ the same four-pronged analysis used in copyright law. The law recognizes two fair use defenses: classic fair use, where the alleged infringer is using the mark to describe accurately an aspect of its products; [10] and nominative fair use, in which the trademark is being used to actually refer to the ...
In order to successfully assert a fair-use defense to a trademark infringement claim, the defendant must prove the three elements of the fair-use doctrine: (1) that the term was used in a way other than as a mark; (2) that the term was used to describe the goods or services offered or their geographic origin; and (3) that the use had been ...
An allegedly infringing secondary work must be significantly altered from the original to be considered transformative where both works are used commercially for substantially the same purpose; courts must consider the specific context of the use when evaluating claims of transformative use.
While in some cases Fair Use Doctrine covers compliance to copyright law, the TEACH Act clarifies what compliance measures must be implemented with regard to distance education. This Act permits teachers and students of accredited, nonprofit educational institutions to transmit performances and displays of copyrighted works as part of a course ...
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