Author Question: What is the nominative use defense? What are the three key elements of this ... (Read 33 times)

burton19126

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What is the nominative use defense? What are the three key elements of this defense?

Question 2

Why might an organization elect to use open source code instead of propriety software?



ntsoane kedibone

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Answer to Question 1

Nominative fair use is a defense often employed by the defendant in trademark infringement cases where a defendant uses a plaintiffs mark to identify the plaintiffs products or services in conjunction with its own product or services. To successfully employ this defense, the defendant must show three things:


  • The plaintiffs product or service cannot be readily identifiable without using the plaintiffs mark.

  • It uses only as much of the plaintiffs mark as necessary to identify the defendants product or service.

  • The defendant does nothing with the plaintiffs mark that suggests endorsement or sponsorship by the plaintiff.



Answer to Question 2

Two frequently cited reasons for using open source software are that it provides a better solution to a specific business problem and that it costs less.



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