The Meaning of "Readily Identified" in Trademark Nominative Fair Use


We've talked a lot about the nominative fair use of trademarks.

Remember the billboard that used the Minnesota Twins name as brand bait?

We had some discussion in the comments, where I said this about the ad:

Although the billboard doesn't use the Twins script or logo, I still believe the stronger argument may be that saying "Hey Twins Fans" goes beyond what is necessary to communicate with this class of consumers (important in nominative fair use), especially when the physical context of the ad is in close proximity to Target Field, where the Twins play ball.

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