JD Supra

Nominative Fair Use: The Second Circuit Joins Neither The Third Nor Ninth Circuits In Its Approach

In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in ...
Los Angeles Times

A Word, Please: Bending the ‘rules’ on predicate nominative

Many years ago, back when I used to answer my landline telephone, I found myself in a conundrum. I realized that, when a caller asked, “May I speak to June, please?” I would answer, “This is she.” But ...
JD Supra

Nominative Fair Use of a Trademark: The Second Circuit Weighs In

If a defendant in a trademark case uses the plaintiff’s trademark, not to identify the defendant’s own products, but rather to refer accurately to the plaintiff’s products, is that trademark ...
Law

Nominative Fair Use at Center of Earth, Wind & Fire Federal Court Settlement

"It was a bridge too far. They overstepped," Hogan Lovells attorney Hans Hertell said of the alumni band after the federal court ruling analysis." In the case Earth, Wind & Fire IP LLC. v. Substantial ...