Are there any exceptions to trademark infringement laws?

Yes, there are a few exceptions to trademark infringement laws in Michigan. The first exception is fair use. Fair use is when someone uses a trademark without permission for the purpose of reporting news, criticism, and commentary. Another exception is nominative fair use. This is when someone uses another person’s trademark to refer to the trademark owner’s goods or services without creating confusion for the consumer. A third exception is comparative advertising. This allows companies to compare their products to those of their competitors, even if it includes using a competitor’s trademarks. One more exception to trademark infringement laws in Michigan is the concept of "genericide." This is when a trademark has become so popular that it is used generically to refer to any product or service from any source. Examples of genericide are “aspirin,” “escalator,” and “zipper.” Once this happens, the trademark is considered generic and someone else can use it without fear of infringing on the rights of the original trademark owner. These are some of the exceptions to trademark infringement laws in Michigan. While these exceptions exist, it is still important to be knowledgeable about trademark infringement laws in order protect yourself from potential problems.

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