A defendant is not liable for trademark infringement if his or her use is a _________,where the defendant uses the mark to talk about the mark itself.

Question

Quizplus · Accepted Answer

Nominative use is when a defendant uses a trademark to refer to the trademarked product itself. This is a recognized defense to trademark infringement as it is necessary to use the actual trademark to identify and discuss the product. It is also sometimes referred to as a "fair use" or "descriptive use."

A Defendant Is Not Liable for Trademark Infringement If His