Trademark Litigation: Fair Use and First Amendment Defenses | Practical Law

Trademark Litigation: Fair Use and First Amendment Defenses | Practical Law

A Practice Note discussing how courts address the often conflicting interests of preventing trademark misuse under the Lanham Act and ensuring free speech under the First Amendment. It addresses the doctrines of descriptive (or classic) fair use and nominative fair use, the use of trademarks in expressive works, and the use of trademarks for purposes of parody.

Trademark Litigation: Fair Use and First Amendment Defenses

Practical Law Practice Note w-002-5576 (Approx. 32 pages)

Trademark Litigation: Fair Use and First Amendment Defenses

by Practical Law Intellectual Property & Technology
Maintained • USA (National/Federal)
A Practice Note discussing how courts address the often conflicting interests of preventing trademark misuse under the Lanham Act and ensuring free speech under the First Amendment. It addresses the doctrines of descriptive (or classic) fair use and nominative fair use, the use of trademarks in expressive works, and the use of trademarks for purposes of parody.