Trademark: fair-use factors Related Articles:

2L, Intellectual Property

Three factors may lead to a finding of "fair use" when one uses a trademark without permission (all are required to find fair use):

1. There is no way to readily identify a kind of product without using the trademarked name AND
2. Only as much of the mark is used as is reasonably necessary AND
3. There is no suggestion of sponsorship or endorsement by the trademark owner.