What is “fair use” of a trademark?
Fair use of a trademark is a legal doctrine that allows limited use of a protected trademark without the permission of the trademark owner. It is an exception to the general rule that trademark owners have exclusive rights to the trademark. In New York, fair use of a trademark is allowed for certain purposes, such as when the use of the trademark is necessary to identify products or services, or for commentary or criticism. When a trademark is used in a non-commercial manner, such as in comparative advertising or parody, this is usually considered fair use. Fair use of a trademark must not be likely to cause confusion or deception, or to suggest an affiliation or endorsement from the trademark owner. Further, the use must not be so extensive as to diminish the value or distinctiveness of the trademark. In addition, when a trademark is used in a descriptive manner, this is also considered fair use. For example, if a company used the trademark of a competitor to refer to a product or service, this is usually considered fair use. In conclusion, fair use of a trademark is a legal doctrine that allows limited use of a protected trademark without the permission of the trademark owner. It is allowed for certain purposes, such as for identification, commentary, comparative advertising, and parody. The use must not be likely to cause confusion or diminish the value of the trademark.
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