Category: Trademark Enforcement
Affirmative Defenses in Trademark Infringement
Affirmative Defenses in Trademark Infringement Affirmative defenses in trademark infringement cases is an excuse for the conduct of a potential trademark infringer, which would allow continued use of the mark. There are two affirmative defenses to trademark infringement: fair use and parody. Fair Use Defense A fair use defense in trademark law applies when a… READ MORE
Split Circuit: Nominative Use or Trademark Infringement?
What is Nominative Use? What is nominative use? When most people need to blow their nose they will ask for a Kleenex. Most people do not realize that what they are actually asking for is a certain brand of face tissue. However, many people equate Kleenex with all face tissue regardless of the brand. This… READ MORE