Non-Infringing Use

There are certain circumstances when a third party can use a trademark without permission and without infringing the owner's rights in the mark. This permissible authorized use is called "fair use."

Generally, it is permissible to use someone else's trademark to refer to your own goods or services, if the trademark is used other than as a mark and used only to describe your goods or services or geographic origin, if done in good faith. This "fair use" defense prevents a trademark owner from monopolizing, or appropriating a descriptive word or phrase.

Similarly, the use of someone else's trademark to refer to that party or their goods or services is allowed, provided no endorsement or other sponsorship is implied. Referring to a competitor's trademark for the purpose of comparative advertising is also lawful because there is little likelihood of confusion.

< Previous