Outside Counsel

Nominative Fair Use Under the Trademark Laws

, New York Law Journal


Howard Wintner writes: The Second Circuit, and the district courts within it, have recognized the nominative fair use doctrine and used it for numerous years, including several district court decisions adopting the Ninth Circuit's test. However, prior to 2016, the Second Circuit had not endorsed either the Ninth or Third Circuit's test for nominative fair use.

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