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Dr Fosters & Smith is a registered trademark of its respective
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& Smith comparison only. For more information on Dr Fosters & Smith please
contact the manufacturer
Regarding Represented Trademarks
http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm#7
I. STATUTORY FAIR USE: Pursuant to § 33(b)(4) of the Lanham Act, a
defense to a claim of trademark infringement 698 F.2d at 791
(citing Soweco, Inc. v. Shell Oil Co., 617 F.2d 1178, 1185
(5th Cir. 1980).
The purpose of the statutory fair use defense is
to allow non-owners of the trademark to accurately describing
their goods. Therefore, the defense is only available when the
mark at issue is descriptive, and then, only where the descriptive
term is used descriptively. Because the use is "otherwise
than as a mark," the "fair use" of someone else's
descriptive trademark should not be likely to cause confusion. [A]nyone is free to use the term in its primary, descriptive sense
so long as such use does not lead to customer confusion as to the http://www.cll.com/articles/article.cfm?articleid=32 |