The key to copyright fair use analysis is now transformative. What about fair use in trademarks? Can Apple Computer stop a grocer who advertises “Give an Apple to your Teacher”?
Trademark proprietors used to consider that they owned their “property” absolutely. Their view is that anyone who makes unauthorized use of such “property” for any purpose commits a trespass, and thus infringes. But there must be room for permitted uses, including fair use.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
