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Trademark owners considering domain name enforcement actions should be aware of the nominative fair use defense. Nominative fair use is implicated when an unauthorized party uses another company’s trademark as a reference to that company’s own products. For example, a reseller, a parts manufacturer or a repair service may defend its unauthorized use of another company’s trademark as nominative fair use by claiming it sells, or provides services related to, the other company’s products. If the use of another’s trademark is determined to be a nominative fair use, then by definition it is not an infringing use.

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