15.25 Defenses-Nominative Fair Use
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2002) (?We distinguish two types of fair use: 'classic fair use,' in which 'the defendant has used the plaintiff's mark to describe the defendant's own product,' and 'nominative fair use,' in which the defendant has used the plaintiff's mark 'to describe the plaintiff's product' for the purpose of, for example,
Thus, we recently reiterated that, in the trademark context, nominative use becomes nominative fair use when a defendant proves three elements: First, the plaintiff's product or service in question must be one not readily identifiable without use of the trademark; second, only so much of the mark or marks may be used
Nominative fair use permits use of another's trademark to refer to the trademark owner's goods and services associated with the mark.
Nominative fair use covers many occasions on which a party other than the trademark owner is using the mark another party to refer to genuine goods or services. An example of nominative fair use is when an auto repair shop advertises that it repairs BMWs and Hondas.
Nominative fair use permits use of another's trademark to refer to the trademark owner's goods and services associated with the mark.
Nominative fair use of a trademark occurs when a third party uses a company or individual's trademark to refer to the actual trademark owners or any products or services that owner produces.
The nominative fair use doctrine refers to the use of a protected trademark to describe or ?name? the protected trademark owner's goods or services, rather than describing one's own goods and services, which is the case in descriptive fair use.
Nominative fair use allows for using another's mark to name the owner's goods and services if they could not otherwise be easily identified. For instance, a media outlet might use a registered trademark name to report on an event or poll readers.
