What is “fair use” of a trademark?

Fair use of a trademark is a legal defense that protects a person from being held liable for trademark infringement. It allows people to use a trademarked name, logo, or other material without permission from the trademark owner for certain purposes such as commentary or criticism, parody, news reporting, teaching, or research. In California, courts look at several factors to determine whether an unauthorized use of a trademark qualifies as a fair use. First, the use must be for public benefit, such as educating people on the subject or offering criticism for public benefit. Second, the use must be limited so that it does not confuse the public as to the source of the product or service being offered. Third, the use must not compete with the trademark owner’s use of the mark, such as by providing the same goods or services. Finally, the use must not harm the reputation of the trademark owner, such as by suggesting that the trademark owner had approved or endorsed the unauthorized use. If a court finds that a particular use of a trademarked material is a fair use, that person will not be held liable for trademark infringement. However, it is important to note that fair use is often difficult to prove and the decisions of courts in these matters are often unpredictable. Therefore, it is always best to be cautious and seek permission from the trademark owner before using any trademarked material.

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What is “fair use” of a trademark?

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