To be fair use, descriptive use must also be in good faith. Joan Rivers’ use of another’s uncontestable trademark for jewelry that conveyed a secret message was a descriptive use because she used the term only to describe the jewelry on a card included inside the packaging, and not to label the product packaging, the U.S. District Court for the Southern District of New York held Dec. 7 (Something Old, Something New Inc. v. QVC Inc., S.D.N.Y., No. 98Civ.7450(SAS), 12/7/99).
However, to be a fair use escape from liability under the Lanham Act, the descriptive use must also have been in good faith.
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