Disclaimer
Dynovite is a registered trademark of its respective
owner (s) all rights reserved. This web page is for Dynovite comparison only. For more information on
Dynovite please
contact the manufacturer
Regarding Represented Trademarks
Disclaimer
Dynovite is a registered trademark of its respective owner (s) all
rights reserved. This web site displays trademarks and intellectual
property in order to afford customers a product comparison. This
page is not designed to deceive confuse or in any way mislead a
consumer and in no way represents Dynovite or any of its
product(s) For more information on Dynovite please contact the
manufacturer
US courts have recognized nominative use of intellectual property.
Nominative use occurs when use of a term is necessary for purposes
of identifying another producer's product, not the user's own
product. The use of a trademark is sometimes necessary to identify
and talk about another party's products and services. (Such as
product comparisons) When the above conditions are met, such a use
will be privileged. Please visit the Harvard Law Website for
more information
http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm#7
I. STATUTORY FAIR USE: Pursuant to § 33(b)(4) of the Lanham Act, a
defense to a claim of trademark infringement 698 F.2d at 791
(citing Soweco, Inc. v. Shell Oil Co., 617 F.2d 1178, 1185
(5th Cir. 1980).
The purpose of the statutory fair use defense is
to allow non-owners of the trademark to accurately describing
their goods. Therefore, the defense is only available when the
mark at issue is descriptive, and then, only where the descriptive
term is used descriptively. Because the use is "otherwise
than as a mark," the "fair use" of someone else's
descriptive trademark should not be likely to cause confusion. [A]nyone is free to use the term in its primary, descriptive sense
so long as such use does not lead to customer confusion as to the http://www.cll.com/articles/article.cfm?articleid=32 |
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