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Foley Hoag LLP - Making Your Mark

Eight is Not Enough: Second Circuit Adopts Eleven Factor Nominative Fair Use Test in Certification Mark Case

Foley Hoag LLP - Making Your Mark on

International Information Systems Security Certification Consortium (known as ISC2) is a non-profit organization that owns a registered certification mark for the term CISSP® (meaning “Certified Information Systems...more

Dorsey & Whitney LLP

Nominative Fair Use of a Trademark: The Second Circuit Weighs In

Dorsey & Whitney LLP on

If a defendant in a trademark case uses the plaintiff’s trademark, not to identify the defendant’s own products, but rather to refer accurately to the plaintiff’s products, is that trademark infringement? Called “nominative...more

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