Marketing and the Law: Some Confusion Remains After Supreme Court's "Fair Use" Decision

Trademark Law and Litigation in China

“…The U.S. law provides the defendant of trademark litigation a few defenses, including fair use (Burgunder, 2005), first amendment or noncommercial use (Cohen, 1991), innocent infringement (Hahn, Kuzin, & Ezring, 2002), truthful comparative advertising (Harvey, Rothe, & Lucas, 1998), genericness (Cohen 1991), and, in the case of trade dress, functionality (Abbot & Lanza, 1994). The fair use defense has a good faith component (Dunning, 2006) and aims to prevent a trademark registrant to appropriate a descriptive term for its exclusive use (Abbati, 2003).…”