Nominative fair use is a legal doctrine that allows individuals or businesses to use another party's trademark to identify or describe their own products or services. This usage is permitted as long as it does not suggest that the trademark owner endorses or sponsors the user's product. Essentially, nominative fair use occurs when the only way to refer to a product is by using its trademarked name.
Nominative fair use is primarily relevant in trademark law. It is often invoked in cases where a company uses a competitor's trademark to compare products or to explain the nature of their own offerings. Users can manage some aspects of trademark disputes independently by utilizing resources like US Legal Forms, which provide templates for legal documents related to trademark issues.
Here are a couple of examples of abatement:
Example 1: A car repair shop uses the name of a well-known car brand in its advertising to indicate that it specializes in repairs for that brand. This is acceptable as long as it does not imply that the car brand endorses the shop.
Example 2: A review website uses a trademarked name to provide a comparison of different products. This is permissible under nominative fair use as it accurately describes the products being compared. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | More lenient towards comparative advertising using trademarks. |
| New York | Stricter enforcement of trademark rights, with less tolerance for potential confusion. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Nominative Fair Use | Using a trademark to identify a product without implying endorsement. | Focuses on necessity and non-endorsement. |
| Descriptive Fair Use | Using a trademark in a descriptive manner to refer to a type of product. | Does not require the trademark to be necessary for identification. |
If you believe your use of a trademark may qualify as nominative fair use, consider the following steps:
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Nominative fair use is a legal principle that permits the use of a trademark to identify a product or service without implying endorsement.