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What is Nominative Fair Use and Can I Use Another’s Trademark?


Generally, you are free to use another’s trademark descriptively in text to refer to that mark holder. In some cases, you may even be able to do so within a domain, but it is much easier to cross the line over to infringing use by doing so if you are not very careful. This is called “nominative fair use” and the classic example is using the terms “Coke” or “Pepsi” on a menu as opposed to “cola flavored carbonated beverage.” You just have to make certain that you are not presenting a false association, sponsorship, endorsement or other affiliation with any given trademark owner. I would also make sure you understand where to draw the line regards to disparagement to avoid being accused of defamation.

Using logos, however, is often seen by the courts as “using more than what is necessary to convey your point” and can lead to accusations of infringement because such use is likely to cause market confusion over the source of goods or services being identified.

When in doubt, seek out some solid legal advice before making any investment.

 

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WHETHER YOUR BUSINESS IS NEW OR EXPANDING, OR YOU ARE LAUNCHING A NEW PRODUCT OR SERVICE, IT IS CRUCIAL THAT THE PROPER DUE DILIGENCE IS DONE BY A TRADEMARK LAW FIRM BEFORE YOU INVEST HARD-EARNED MONEY IN YOUR BRAND!

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