Someone who is in the business of repairing Volvo brand automobiles has the right to say so, in advertising, and elsewhere — without obtaining advance permission from Volvo — provided consumers aren’t likely to understand the advertisement or communication to mean that the repair services and/or the business providing them is authorized by, affiliated with, or otherwise connected to
What if you were told that if you agreed to "test" a Dell XPS laptop you could keep it, for free?
Would you expect the offer to be from Dell Computer?
After all, who else but the manufacturer would care to give a computer away for simply having you test it?
Would you at least expect the offer to be affiliated with, or authorized, or approved by Dell Computer?
What if the unsolicited email offer avoided your spam filter and looked something like this?
Would you click on the "CLICK HERE" icon as instructed, or would you scroll all the way down to the bottom of the page to see if you might be able to learn more before clicking?
This unsolicited e-mail communication from the Caribbean Island of Nevis got trapped in our spam filter, but I thought I’d remove the link and bring it out under a short leash for some legal training and discussion:
Trademark fair use, you ask?