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in this video weamp;#39;re going to talk about the concepts of trademark fair use and nominal use in other words ways that a party can use a word or phrase or Mark even though another party claims trademark rights in that word phrase or Mark the trademark act generally defines fair use as using someoneamp;#39;s Mark word or device in a way to describe your goods or services or in some way other than to identify the source of the goods or services you could be using someone elseamp;#39;s Mark in a fair use manner even if likelihood of confusion still exists one particular type of fair use is nominal use this is where youamp;#39;re using someone elseamp;#39;s Mark or phrase or slogan but in a way to refer to their goods or services but in a way thatamp;#39;s fair and descriptive of what youamp;#39;re trying to do there are basically three factors courts to look at when youamp;#39;re using someone elseamp;#39;s Mark referring to that other company but in a way thatamp;#39;s nomi
