"TM-compliant" ads not shown to be nominative fair use
43(B)log
MARCH 10, 2023
First, nominative fair use permits only the “truthful use of a mark.” Toyota, 610 F.3d 3d at 1177. Defendants contended that one axe “meet[s] WATL Regulations” and that another “meets WATL Regulations with a slight modification that is commonly made.”
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