What is “fair use” of a trademark?

Fair use of a trademark is a legal doctrine that allows someone to use a trademarked name, logo, phrase, etc. without permission from the trademark owner. The rationale is that using the trademark helps protect the public and encourages creativity, while still respecting the rights of the trademark owner. In North Dakota, the fair use of a trademark is typically judged by the following factors: (1) the purpose of the use,(2) the market effect of the use, (3) whether the use is likely to cause consumer confusion, and (4) whether the use is likely to diminish the value of the trademark. Fair use is typically used when the trademark is being used in a non-commercial manner, such as in a book, newspaper, or other educational material. It is also permitted when you are referring to an existing trademarked product or feature, or when you are making a humorous reference to a trademarked product or service. Fair use of a trademark does not mean that the trademark owner’s rights have been diminished in any way. The trademark owner still has full control over how their trademark is used and who is allowed to use it. The goal of fair use is to allow certain reasonable uses of the trademark without infringing on the trademark holder’s rights.

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What is “fair use” of a trademark?

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