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Boundaries of Fair-Use Defense in Trademark Infringement

The Legal Intelligencer | April 22, 2014
By: Randy Friedberg and Brittney Edwards

Parody and nominative fair use defenses were raised in a recent infringement action concerning the Vicodin trademark instituted in the U.S. District Court for the Central District of California, alleging that the defendants infringed the mark by using it on a "designer drug apparel" line. This case is particularly informative because it illustrates the limitations that must be placed on First Amendment-related defenses in the context of trademark infringement disputes. 

Randy Friedberg and Brittney Edwards address these issues in their recent article, "Boundaries of Fair-Use Defense in Trademark Infringement."

This correspondence should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult a lawyer concerning your own situation and legal questions.
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