The key to copyright fair use analysis is now transformative. What about fair use in trademarks? Can Apple Computer stop a grocer who advertises “Give an Apple to your Teacher”?

Trademark proprietors used to consider that they owned their “property” absolutely. Their view is that anyone who makes unauthorized use of such “property” for any purpose commits a trespass, and thus infringes. But there must be room for permitted uses, including fair use.

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