Greenberg Traurig Shareholder Ian C. Ballon, Co-Chair of the Global Intellectual Property & Technology Practice, will present the Stafford webinar, "Trademark Nominative Fair Use: Navigating the Affirmative Defense, Comparison With Statutory Fair Use, Court Treatment," on Monday, November 20 at 1:00 p.m. EST. This CLE webinar will discuss statutory fair use and explain the issue of what it means for fair use to be an affirmative defense and then examine nominative fair use, exploring it as an affirmative defense, its relationship to confusion, its impact on comparative advertising strategies, and court treatment of nominative fair use. The panel will also provide best practices for nominative fair use.
Topics discussed will include:
- What factors should counsel consider when analyzing nominative fair use?
- Is nominative fair use an affirmative defense or just another way of analyzing confusion?
- How have the courts addressed the issue of nominative fair use and its application?
- What is the impact on a brand owner when AI generates content for a third party that includes a trademark or slogan?
- Are third-party uses on social media nominative or classic fair use, or something else entirely?