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What is the fair use defense?

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What is the fair use defense?

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The fair use defense provides a defense against a Trademark infringement action where the defendant’s use is used solely to describe his own goods. The key to the fair use defense is that the term is being used in some capacity other than a mark.

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The fair use doctrine allows the use of copyrighted work in a way that would normally infringe the copyright. The fair use doctrine is most often used as a defense to a copyright infringement claim. Fair use provides an exception to the rule that copyright holders have the exclusive right to reproduce and distribute their work. It allows creativity where copyright law might otherwise stifle it.

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