What is “fair use” of a trademark?
Fair use of a trademark is a legal concept which allows the public to use trademarks without permission from the holder of the trademark. In the state of South Carolina, this applies to certain uses of trademarks that are considered unlikely to cause confusion among consumers. For instance, using a trademark for non-commercial purposes such as criticism, comment, or news reporting would not typically violate trademark law. Additionally, using a trademark for comparative advertising or to identify the maker of a product would be considered fair use under certain circumstances. It is important to note, however, that fair use is determined on a case by case basis and ultimately rests with a court’s interpretation of the facts. The court will consider the context of the use, the scope of the use, and the nature of the trademarked work in order to make a determination. All in all, “fair use” of a trademark allows for the use of a trademark with certain defined limitations and exceptions, but should be carefully considered before proceeding.
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