Fair Use at Law Glossary
What is it? Fair use of a mark is use in a way that is descriptive of ones products, use that is other than as a trademark, and use that is undertaken in good faith (i.e. not to cash in on the goodwill of the trademark owner.) Fair use is generally treated as an absolute defense to a claim of trademark infringement. However, some courts have said that when there is a likelihood of confusion, then there can be no fair use defense.Legal Definition Added By: Sarah
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