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

–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