Are there any exceptions to trademark infringement laws?

Yes, there are exceptions to trademark infringement laws in South Carolina. An exception exists when one party is using a trademark in what is called “fair use.” Fair use is when a party uses another’s trademark to comment, criticize, or parody the trademark. Another exception is when the use of a trademark is considered “nominal,” meaning it has little or no impact on the trademark holder’s goodwill with customers. Another exception is when two parties have an agreement that permits use of the trademark. The agreement can be a licensing agreement or a settlement agreement in a trademark infringement lawsuit. Finally, a fourth exception is when the trademark is not being used in commerce but instead is being used to describe the goods or services of a third-party. For instance, if a customer is writing a review of a certain product and they need to refer to the brand name of the product, the customer is allowed to use the trademark in the review. These are some of the main exceptions to trademark infringement laws in South Carolina.

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