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the purpose of this lecture is to talk about nominative uses of trademarks and so there is a basic insight that i think is common sense that the right of a trademark holder to their mark should not preclude other individuals from talking about the trademark holder or its goods or services and so this basic idea is carried forward in a variety of ways in trademark law but where we have variety is exactly as to why so some courts say this kind of use is simply not confusing others will invoke free speech concerns competition concerns some kind of related consideration that says a nominative use is one that trademark law ought not to docHub when we say nominative use what do we mean we mean the use of a plaintiffs trademark to describe the plaintiffs goods and services now this may be done even if the ultimate goal is to describe your own goods or services take the pepsi challenge we think youll like pepsi more than coke this is the taste this is the test pepsi versus coke the pepsi ch
