15.25 Defenses-Nominative Fair Use is a legal defense for the unauthorized use of a trademarked name or logo in advertising or other commercial activity. This defense is based on the idea that the unauthorized use of a trademark is permissible if it is only used to refer to the trademarked product or service, and does not create confusion in the marketplace as to the source of the product or service. There are three primary types of Nominative Fair Use: (1) Descriptive Fair Use; (2) Nominative Fair Use; and (3) Nominative Parody Fair Use. Descriptive Fair Use involves using the trademark in a descriptive manner to refer to the trademarked product or service. This type of use is generally allowed if the trademark is used in a truthful and accurate manner, and is not likely to cause confusion in the marketplace as to the source of the product or service. Nominative Fair Use involves using the trademark in an informational or editorial manner. This type of use is generally allowed if the trademark is used in a truthful and accurate manner, and is not likely to cause confusion in the marketplace as to the source of the product or service. Nominative Parody Fair Use involves using the trademark in a parody or satirical manner. This type of use is generally allowed if the trademark is used in a humorous or creative way, and is not likely to cause confusion in the marketplace as to the source of the product or service.
15.25 Defenses-Nominative Fair Use is a legal defense for the unauthorized use of a trademarked name or logo in advertising or other commercial activity. This defense is based on the idea that the unauthorized use of a trademark is permissible if it is only used to refer to the trademarked product or service, and does not create confusion in the marketplace as to the source of the product or service. There are three primary types of Nominative Fair Use: (1) Descriptive Fair Use; (2) Nominative Fair Use; and (3) Nominative Parody Fair Use. Descriptive Fair Use involves using the trademark in a descriptive manner to refer to the trademarked product or service. This type of use is generally allowed if the trademark is used in a truthful and accurate manner, and is not likely to cause confusion in the marketplace as to the source of the product or service. Nominative Fair Use involves using the trademark in an informational or editorial manner. This type of use is generally allowed if the trademark is used in a truthful and accurate manner, and is not likely to cause confusion in the marketplace as to the source of the product or service. Nominative Parody Fair Use involves using the trademark in a parody or satirical manner. This type of use is generally allowed if the trademark is used in a humorous or creative way, and is not likely to cause confusion in the marketplace as to the source of the product or service.
