The key to trademark law is that trademarks identify the source of goods and services. Are there times you can legally use trademarks of others in different manners?
Nominative fair use is a defense that has three requirements: (1) the product must be one not readily identifiable without using the trademark; (2) only as much of the mark as is reasonably necessary is being used; and (3) the use may not suggest sponsorship or endorsement.
Although this doctrine may not technically or formally be adopted in all jurisdictions, it is generally recognized as being valid worldwide.
So what are some fair uses of trademarks?
If you sell a product and you want your customers to know that your goods are compatible with a specific brand of goods, saying so is generally considered fair use.
If you’re comparing your goods to another brand, for example to say they’re better or different, minimal use of the other brand may be fair use. It may be wise, though to say more than just “Type” after the brand name!
If you’re reviewing a product, using the brand name of the product is generally fair use.
Parody can be tricky, but as long as your use is the original, but also not the original, you may be ok.
You should also be able to use trademarks in news, commentary, and blogs.
The key to this is to make sure you’re not creating a likelihood of confusion between your use of the mark and the owner’s use to sell goods and services.
Please note that the information contained in this article is intended for general informational purposes only and not as specific legal advice. The facts of your situation may differ from this general information. It is not intended to and does not in any way establish an attorney-client relationship.
Comments