3 of 3NESPRESSO capsule trade dress was infringing as well –this could have been an interesting case if contestedhttps://t.co/Em5LVpy8M1 — (((TrademarkBlog))) (@TrademarkBlog) June 9, 2016 2 of 3Use of 'NESPRESSO-Compatible' for espresso machine capsule held infringing but case was defaulthttps://t.co/Em5LVpy8M1 — (((TrademarkBlog))) (@TrademarkBlog) June 9, 2016 1 of 3NESPRESSO USA v. AFRICA AMERICA COFFEE TRADING, […]
Category Archives: Nominative Fair Use
Spot the Differences in These Nominative Fair Use Tests
Here is the first factor from the Ninth Circuit nominative fair use test, courtesy of the New Kids on the Block case: First, the product or service in question must be one not readily identifiable without use of the trademark; Here’s the first factor from yesterday’s Second Circuit decision: (1) whether the use of the […]
Text of Second Circuit Nominative Fair Use Case (IISSCC v SU)
Introducing the 2d Circuit Nominative Fair Use Test: 1. Whether plaintiff’s mark is necessary to describe both the plaintiff’s and defendant’s products, “that is, whether the product or service is not readily identifiable without use of the mark; 2. whether the defendant uses only so much of the plaintiff’s mark as is necessary to identify […]