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Author Topic: Do you What are the limits of trademark rights?  (Read 410 times)

mariya786

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Do you What are the limits of trademark rights?
« on: 06-13-10 at 02:25 pm »

Hi,

I know

There are two situations where the doctrine of fair use prevents infringement:
1.The term is a way to describe another good or service, using its descriptive term and not its secondary meaning.The idea behind this fair use is that a trademark holder does not have the exclusive right to use a word that is merely descriptive, since this decreases the words available to describe.

2.Nominative fair use
a.his/her product or service cannot be readily identified without pointing to the registrant?s mark
b.he/she only uses as much of the mark as is necessary to identify the goods or services
c.he/she does nothing with the mark to suggest that the registrant has given his approval to the defendant.

Do you know more about this then let me know?

Thanks
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JSonnabend

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Re: Do you What are the limits of trademark rights?
« Reply #1 on: 06-14-10 at 08:28 am »

Mariya, you might get better responses if you pose a specific question.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
 



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