RADEMARK law (which precludes the use of marks, logos and designs that are likely to cause consumer confusion) benefits producers and consumers. Producers enjoy the exclusive right to reap the financial and reputation-related benefits associated with a particular trademark, and consumers can rely on trademarks as a guarantee that products bearing a particular mark are controlled by the same producer and are of the same or similar quality. At the same time, however, trademark rights are not absolute; they co-exist with the fundamental American right of free expression.
In balancing the rights of trademark owners against the right of expression, the courts and Congress have developed the defenses of statutory fair use (codified in the Lanham Act), nominative use (a common law innovation), and parody (a constitutional defense derived from the First Amendment). These three defenses help ensure that the exclusivity rights afforded trademark owners will not deprive society of the use of marks for the sake of description (in the case of statutory fair use), identification (in the case of nominative use), or communication (in the case of parody).
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
