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Thomas B. James Esq.

Cokato, Minnesota attorney

What is “fair use” in trademark law?

By Tom James / May 3, 2026
A

What is “fair use” in trademark law?

Fair use is a potential defense to trademark infringement in some cases. It does not have the same meaning, and it is not assessed in the same way as copyright fair use .

The two kinds of trademark fair use are (a) descriptive fair use and (b) nominative fair use.

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