Legal Issues Seminar-General IP (LIS-GIP) On “What Is the Threshold For Application Of The Defense Of Nominative Fair Use Under Trademark Law?” - ALG India Law Offices LLP (2024)

    ×

    This website is not a solicitation or invitation to create an attorney-client relationship. No such relationship is created or deemed to be created by visiting this website or by contacting us. This is a passive website intended principally to disseminate published materials already available in the public domain.
    We, as well our attorneys, do not take out or subscribe to paid rankings, paid listings, paid endorsem*nts or paid advertisem*nts.

  • Non Solicitation
  • ×

    No information is collected nor, if available, from visitors to the site or recipients of the communication, used or permitted to be used for marketing, solicitation or recruiting purposes, nor such information is provided or sold to third parties. No information is collected from you or your browser for any purpose including tracking the popularity of this site and the usefulness of particular links or features. No such information is collected or used to target individuals or to contact them. No “cookies” – files written to your computer and designed to help track website visitors’ surfing activities – are used.

  • Data Privacy & Protection
  • ×

    We observe all applicable Bar Council rules and norms in conflict of interest matters. Between practice areas, we do not perceive automatic or deemed conflict of interest. We do not perceive automatic or deemed conflict of interest with closed files unless there is a subject matter overlap. We check for the conflict of interest specifically on a file as against our other existing and live files, and not on a client as against existing client basis, viz. the conflict of interest is strictly on the subject matter against subject matter basis. In case of potential or possibility of being conflicted in the future, however, we seek and take consent from the existing client if we want to take up a file. Our conflict of interest norms are stricter than the minimum standards of the Bar.

    We disclose names/identities of our existing clients (but not of their files, nor of the contents of their files nor of any information about them that is or can be expected to be confidential for business/legal purposes) when other clients or potential clients seek us to disclose representative client names/lists etc. If any potential or existing client informs us to except them from this practice, we oblige and refrain from doing so in their regard.

  • Conflict of Interest Policy
  • ×

    We retain hard copies of materials of a file for a period of 3 months after a file is closed and after that it is destroyed. File intimation is always specifically communicated to the client. We retain any soft copies of materials in a file for a period of 6 months after a file is closed and after that it is deleted. If hard copies are sought to be returned on closure of file, it should be specifically asked for.

  • Data & Document Retention Practice
  • ×

    The private/personal activities of individual lawyers of the firm (such as, but not limited to, writing and publishing in journals and publications, blogs, and expressing views in the public domain, in print and online media, taking membership of organizations and groups in a private capacity, political activities, membership of political parties, contesting elections and other electoral activities, etc.) are not reflective of the firm, nor does the firm support, endorse or identify with any of them.

    ALG attorneys practice only in teams viz. accept appointment as advocates-cum-agents on any file/mandate only jointly in practice-groups of at least two ALG attorneys. At ALG, Advocates and IP Agents also participate and share in and contribute towards discharging certain ancillary and support functions in addition to their primary professional responsibilities as lawyers and IP Agents, and this also they do as part of teams and not as individuals. Management functions such as client-relations generally, as well as on any specific file, previous client relations, potential client relations, billing, expenditure, accounts, infrastructure and office management etc. are all thus discharged by such teams. ALG attorneys are not permitted to engage in any sole or individual practice, not even in an outside-ALG or private capacity.

    There is functional specialization in ALG in addition to specializations in Areas of Focus and Areas of Practice. In her/his professional work as an Advocates and/or an IP Agent, each individual at ALG specializes, as part of a team, in certain allocated core functions on any client file and discharges only that core function on any client file, instead of handling a client file in all respects or/and from file opening to file closing.

  • Firm Management Policy
  • ×

    We assume no liability for any reliance on our communications unless signed in ink and issued as a final written legal opinion. Interim opinions, discussion drafts, email communications, telephone conversations, electronic documents, unsigned communications and memos are not intended to be relied upon either by the addressee or by any third party. No communication nor even an ink signed final written legal opinion is intended unless expressly stated to be so to be cited, filed or tendered before any government or statutory agency or authority. We do not hold out as to the accuracy or validity of any communication or legal opinion to any third parties or at any future time.

  • Liability
  • ×

    Contents of this website and communications are posted for discussion purposes only. It is not intended to be and should not the relied upon as a legal opinion. It may not be relied upon by any person as advice or information, nor is it to be quoted, extracted, excerpted, collated, annexed or referred to in any private, public or official or formal document, nor shown to or filed with any government authority, official, forum or agency or any public body. All references and elucidations of the law or of the statutory or regulatory framework are subjective and interpretative and not intended to be either a full statement or elaboration thereof or as having been verified for authenticity. The material is such as may change with time and the authors do not make any representation as to the validity of the contents of this document. The information on these pages/ communication or on this site do not convey legal advice of any kind. Any use of this communication or site does not create a lawyer-client relationship nor will any information submitted via this site or by email be considered a lawyer-client communication or otherwise be mandated as confidential in the absence of a pre-existing express written agreement to the contrary.

  • Disclaimer
  • ×

    The information contained on this website, in any e-mail and any attachments is legally privileged and confidential. If you are not an intended recipient/visitor, you are hereby notified that any dissemination, distribution or copying is strictly prohibited. If you are visiting by mistake or have received this e-mail in error, please leave/ notify the sender and permanently delete the e-mail and any attachments immediately and you should not retain, copy or use any contents or this e-mail or any attachment or any material at this site for any purpose, nor disclose all or any part of the contents to any other person. This is a privileged client only website and a passive communication for restricted distribution at the sole discretion of its authors who hereby predicate its confidentiality, copyright and circulation to be in the mode and manner described below. This page and other pages/communication, including the contents in attachments or at the site, is intended only for clients or persons who have expressed an interest in receiving it or been expressly referred for this purpose. It is not intended for general or public access or circulation.

  • Privilege
  • ×

    Unless otherwise noted, all content and materials, including, but not limited to, articles, reports, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of this communication, including attachments, or at the site (collectively, the “Content”) are protected by copyright vesting in the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through any other means. No Content may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download and/or print, one copy of the Content on any single computer/printer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying, storing or printing of any Content for other than personal use is expressly prohibited without prior permission. Please contact us in case of any doubt. Use of any robot, spider, other automatic device, or manual process to monitor or copy all or any part of Content is strictly forbidden. Modification of the Content or use of the Content for any other purpose is a violation of copyright and other proprietary rights. For purposes of these terms, the use of any Content in any other communication or site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary.

  • Copyright
  • ×

    ALG does not adopt, have or implement any differential billing rate, treatment or fee schedule for and amongst its clients, whether domestic or foreign, or between any such or other categories, either on a on a case by case basis or on any such categorization basis. ALG does, however, provide differently customized client-tailored suite of its IP legal representational services for each of its clients resulting in naturally different costs to different clients for what might otherwise superficially appear similar engagements but would be only apparently similar engagements. ALG works closely with each of its clients to understand that client’s needs and requirements to adapt its billing structure, format and arrangement itself for a more conducive mutual fit. ALG does provide special discounts to its clients but this is on the basis of long-standing relationships reflecting sustained and deep engagement and commitment. It provides these automatically and only in accordance with its internal policies, not on request, demand, discretion or ad-hocism. ALG also provides but only in accordance with its internal policy in force at any given time, what are in the nature of bulk discounts for several simultaneous similar or related instructions or engagements. Actually, these reflect value based reductions given the nature of the instructions and engagements as a package. ALG’s billing arrangements for any engagement are predicted on an attorney-client relationship. ALG is a lawfirm and it provides only legal IP representational services; it does not provide non-legal IP business services or non-legal IP liaison services. ALG’s billing is for this reason incapable of being disaggregated in any part into either of these two types of services that ALG does not provide. ALG does not have any generally applicable fee schedules for any generic or pre-defined activities, services, tasks or engagements because ALG does not provide such modular or otherwise template based services.

  • Billing Policy
  • ×

    We at ALG take seriously our commitment to serving and uplifting our communities. To these ends, we strive to fulfil our professional and ethical responsibilities by providing free legal services appropriately to indigent or otherwise needy individuals and organisations; briefs and cases.

    The firm expects each ALG lawyer, regardless of designation, to devote a portion of her/his time and energies to providing pro bono legal services (for free or at reduced charge). The firm strongly encourages all ALG lawyers to seek and maintain active empanelment with local and regional Legal Aid Committees, to seek and take up legal cases and matters both in court and outside court, at appropriately discounted if not altogether waived professional fees. All ALG lawyers are strongly encouraged to discharge their duty to the bar, profession and society by doing so and they are not restricted to only intellectual property law cases and matters in this regard.

    Each ALG lawyer’s record of pro bono legal work is considered an important factor in that lawyer’s evaluation and taken into consideration for advancement decisions at the firm.

    ALG provides the same quality of professional representation and legal service, regardless of an accepted client’s ability to pay. Pro bono matters of ALG lawyers are treated as that of the firm and no differently than regular billable matters, being accorded the same attention, dedication and resources.

  • Pro Bono
Legal Issues Seminar-General IP (LIS-GIP) On “What Is the Threshold For Application Of The Defense Of Nominative Fair Use Under Trademark Law?” - ALG India Law Offices LLP (2024)

FAQs

What is the fair use defense in trademark law? ›

“Fair use” is a term in trademark law that means using a mark in such a way that it will not infringe upon the owner's rights. A common defense in trademark infringement litigation, fair use provides that a party may use a protected mark not as an actual trademark, but rather, for its descriptive meaning.

What is nominative fair use of trademark in India? ›

The doctrine of 'nominative fair use' is a legal principle that allows for the use of a trademarked term in certain circ*mstances without obtaining permission from the trademark holder.

What is descriptive use of trademark? ›

Descriptive fair use: Using a descriptive mark in an ordinary, descriptive manner to describe a product or service. For example, describing a component within a dehumidifier as "honeycomb-shaped" was a fair use of a registered trademark for HONEYCOMBE dehumidifiers.

What is the burden of proof for trademark infringement? ›

In a nutshell, a plaintiff in a trademark case has the burden of proving that the defendant's use of a mark has created a likelihood-of-confusion about the origin of the defendant's goods or services.

What are four defenses to a trademark infringement claim? ›

There are four main trademark infringement defenses that may be available for a defendant against a claim of trademark infringement:
  • Doctrine of laches;
  • Estoppel;
  • Unclean hands; and.
  • Fair use doctrine or collateral use doctrine.
Dec 29, 2022

What is an example of an arbitrary mark? ›

Unlike fanciful marks, an arbitrary mark is a real word, but the word is used such that there is no connection to the meaning. For example, the logos “Apple” for personal computers, “Sun” in connection with computer technology, or “Camel” in connection with cigarettes are arbitrary marks.

What is an example of a suggestive mark? ›

Suggestive trademarks require some imagination to associate them with the underlying products. The following are examples of suggestive trademarks for products: COPPERTONE: is suggestive for suntan lotion because the color copper conjures the color of skin tanning in the sun.

Which of the following cannot be trademarked? ›

The following things cannot be registered as trademarks: Deceptive Words, Names, Phrases, Slogans (they are misleading) Merely Descriptive Words (e.g., Best ice cream, Red car) Merely Decorative Features (they don't identify source)

What kind of defense is fair use? ›

What is "fair use"? Fair use is the right to use a copyrighted work under certain conditions without permission of the copyright owner. The doctrine helps prevent a rigid application of copyright law that would stifle the very creativity the law is designed to foster.

What qualifies as fair use doctrine? ›

Fair use permits a party to use a copyrighted work without the copyright owner's permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

What are the affirmative defenses to trademark? ›

Some affirmative defenses include: (1) unclean hands; (2) laches; (3) estoppel; (4) acquiescence; (4) fraud; (5) mistake; (6) prior judgment; (7) third parties have used similar marks for similar goods, thus the mark is weak and entitled to a narrow scope of protection; or (8) any other matter that constitutes an ...

Is fair use a defense not permission? ›

Fair use is an exemption to copyright, permitting certain limited uses of copyrighted works without the permission of the copyright owner. It is a flexible defense, codified under Section 107 of the Copyright Act of 1976, to copyright infringement claims.

References

Top Articles
PVC Wandpaneel BOOKMATCH Groen Bruin Marmerlook Hoogglans
Bookmatch Marmer Gold A Wandpaneel 122x260 - Elegance
Ups Customer Center Locations
Average Jonas Wife
Google Sites Classroom 6X
Was sind ACH-Routingnummern? | Stripe
DIN 41612 - FCI - PDF Catalogs | Technical Documentation
Slope Unblocked Minecraft Game
C Spire Express Pay
Sony E 18-200mm F3.5-6.3 OSS LE Review
Wilmot Science Training Program for Deaf High School Students Expands Across the U.S.
ARK: Survival Evolved Valguero Map Guide: Resource Locations, Bosses, & Dinos
Copart Atlanta South Ga
No Hard Feelings - Stream: Jetzt Film online anschauen
Popular Chinese Restaurant in Rome Closing After 37 Years
Fsga Golf
Evil Dead Rise Showtimes Near Regal Sawgrass & Imax
Bethel Eportal
MyCase Pricing | Start Your 10-Day Free Trial Today
Shoe Station Store Locator
Bento - A link in bio, but rich and beautiful.
Phantom Fireworks Of Delaware Watergap Photos
Best Middle Schools In Queens Ny
Margaret Shelton Jeopardy Age
Cosas Aesthetic Para Decorar Tu Cuarto Para Imprimir
Mercedes W204 Belt Diagram
Franklin Villafuerte Osorio
UPS Drop Off Location Finder
Solve 100000div3= | Microsoft Math Solver
Sitting Human Silhouette Demonologist
Orangetheory Northville Michigan
Montrose Colorado Sheriff's Department
Solemn Behavior Antonym
Philadelphia Inquirer Obituaries This Week
Toth Boer Goats
Gary Lezak Annual Salary
Gun Mayhem Watchdocumentaries
The Realreal Temporary Closure
Unitedhealthcare Community Plan Eye Doctors
Foxxequeen
Tableaux, mobilier et objets d'art
56X40X25Cm
Avatar: The Way Of Water Showtimes Near Jasper 8 Theatres
10 Types of Funeral Services, Ceremonies, and Events » US Urns Online
The Complete Uber Eats Delivery Driver Guide:
Headlining Hip Hopper Crossword Clue
Theater X Orange Heights Florida
Is Chanel West Coast Pregnant Due Date
Lux Funeral New Braunfels
Otter Bustr
Hkx File Compatibility Check Skyrim/Sse
Cognitive Function Test Potomac Falls
Latest Posts
Article information

Author: Rob Wisoky

Last Updated:

Views: 6551

Rating: 4.8 / 5 (68 voted)

Reviews: 83% of readers found this page helpful

Author information

Name: Rob Wisoky

Birthday: 1994-09-30

Address: 5789 Michel Vista, West Domenic, OR 80464-9452

Phone: +97313824072371

Job: Education Orchestrator

Hobby: Lockpicking, Crocheting, Baton twirling, Video gaming, Jogging, Whittling, Model building

Introduction: My name is Rob Wisoky, I am a smiling, helpful, encouraging, zealous, energetic, faithful, fantastic person who loves writing and wants to share my knowledge and understanding with you.