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ARTICLE · 11 JANUARY 2016

Back To Basics: Nominative Fair Use

Fox Rothschild LLP
Fox Rothschild LLP
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This doctrine essentially says that you shouldn't be sued for simply describing something, even though another party might take offense or believe that their intellectual property rights have been affected as a result.

United StatesIntellectual Property

As a start to the new year, let's take a look at the legal doctrine of "nominative fair use." This doctrine essentially says that you shouldn't be sued for simply describing something, even though another party might take offense or believe that their intellectual property rights have been affected as a result.

For example, Mike Piazza was just elected to the Baseball Hall of Fame. He let it be known just recently and in his autobiography that he would want to go in as a Met and not as a Dodger. Yet the Dodgers trumpeted his election and his years as a Dodger, including him on Dodgers.com, and Piazza cannot object.

Why not? Nominative fair use, of course. He cannot complain because he was a Dodger.

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