The federal courts of appeals have split as to how to apply the doctrine of nominative fair use in trademark infringement cases. Last week, the Second Circuit endorsed the nominative fair use factors used by the Ninth and Third Circuits. At the same time, however, the court rejected the manner in which the Ninth and
Certification Marks
Have a Certifiably American 4th of July
By Duets Guest Blogger on
Posted in Trademarks
–Dan Kelly, Attorney
If my search of the DuetsBlog archive is accurate, it appears that we have never covered the topic of certification marks. Certification marks are at once similar to trademarks and also very different. The similarities are that both are “any word, name, symbol, or device, or any combination thereof” that are used…