Tag Archives: Can the argument that third party users of a term are engaged in nominative fair use defeat a genericism claim? trademark

Can the argument that third party users of a term are engaged in nominative fair use defeat a genericism claim?

Illinois Tamale Co. v. El-Greg, Inc., 2018 WL 1534971, No. 16 C 5387 (N.D. Ill. Mar. 29, 2018) This case raises the interesting question of whether it’s possible to distinguish nominative fair uses from generic uses when looking at online … Continue reading

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