Re: What can be trademarked?

Subject: Re: Re: What can be trademarked?

Comments:
: Dear Mike: : Actually, the United States "fair use" laws also provide a defense to Trademark infringement actions. However, it is different than the "fair use" defense referred to in a Copyright infringement action. : As applied to Trademarks, the law provides that use of a descriptive, geographically descriptive, or surname mark in its strictly descriptive capacity is protected by the fair use defense. In determining whether a defendant's use is a protected fair use, the court will consider the manner in which a defendant used the mark, whether the defendant acted in good faith, and whether the defendant's use is likely to confuse consumers. If it appears that the defendant used the descriptive, geographically descriptive, or surname word or symbol in good faith, strictly for the purpose of describing his own product, the court will be more likely to overlook a slight chance of confusion than it otherwise would. : I hope that this helps! : Sincerely, : Patrick William Fletcher, Esq. : Fletcher & Associates - Intellectual Property Attorneys : 427 E. 17th Street, Suite 325 : Costa Mesa, CA 92627 : (949) 723-0111 : (949) 723-0182 Fax : www.internetdisputes.org : www.copyrightsolutions.org : www.trademarksolutions.org : www.icannhelp.org : www.wipohelp.org

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