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Disclaimer
Dynovite is a registered trademark of its respective
owner (s) all rights reserved. This web page is for Dynovite
comparison only. For more information on Dynovite please contact
the manufacturer
Regarding Represented Trademarks
Disclaimer
Dynovite is a registered trademark of its respective owner
(s) all rights reserved. This web site displays trademarks
and intellectual property in order to afford customers a product
comparison. This page is not designed to deceive confuse or
in any way mislead a consumer and in no way represents
Dynovite or any of its product(s) For more information on
Dynovite please contact the manufacturer
US courts have recognized nominative use of intellectual property.
Nominative use occurs when use of a term is necessary for
purposes of identifying another producer's product, not the
user's own product. The use of a trademark is sometimes necessary
to identify and talk about another party's products and services.
(Such as product comparisons) When the above conditions are
met, such a use will be privileged. Please visit the Harvard
Law Website for more information
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
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