TM Scholars' Roundtable: Session 2: Relevance of Ornamentality Elsewhere in Trademark Law
43(B)log
JUNE 24, 2022
Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? In the fair use calculus? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? But there is a defense for nondistinctive use.
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