OIL Casebook: Trademark Defenses | mrisch | August 17, 2014


OIL Casebook: Trademark Defenses

by mrisch Show/Hide

This section examines some of the primary defenses used to justify the use of another's trademark – or ordinary words that are similar to a trademark – on the internet. Consider how interrelated they all are, and whether each should be considered separate.


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  1. 1 Show/Hide More Bihari v. Gross
    Original Creator: mrisch

    This case considers applies the fair use defense. What are the requirements?

  2. 2 Show/Hide More Taubman Co. v. Webfeats
    Original Creator: mrisch

    This case explores the interrelationship of the First Amendment and trademark infringement

  3. 4 Show/Hide More Playboy v. Welles
    Original Creator: mrisch

    This case introduces the Ninth Circuit's test for finding nominative use. At the end is a discussion of dilution, which will serve as a useful introduction to the dilution section


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August 17, 2014

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Professor of Law

Villanova University School of Law

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