Tag Archives: Nominative fair use defense in 2d Cir goes about as well as you’d expect on motion to dismiss trademark

Nominative fair use defense in 2d Cir goes about as well as you’d expect on motion to dismiss

Excelsior College v. Wolff, 2018 WL 3964703, No. 17-CV-0011 (N.D.N.Y. Aug. 16, 2018) Excelsior alleged that Wolff infringed its rights by advertising and selling a test preparation service that uses Excelsior’s registered marks and copyrighted material for a Clinical Performance … Continue reading

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