Answer to Question 1Nominative 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 2Two 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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