Navigating the Trademark Fair Use Defense
You’re hit with an accusation of trademark infringement. How do you retaliate? Intellectual property attorney Olivera Medenica sheds light on the “Fair Use” defense, and its two chief sub-types: “the classic defense” and “the nominative defense.” She goes on to explain the prongs that must be met to satisfy both defenses. She rounds out her discussion by examining the recent case Car Fresheners vs. Getty Images, which made clear the degree to which the Fair Use Defense is an inexact science. Taken from the Lawline.com course “Common Litigation and Prosecution Trademark Pitfalls in 2011-2012.”
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