4 ms·
The DMCA doesn't apply to trademark infringement claims.
by pjscott 16y ago
The DMCA doesn't apply to trademark infringement claims.
- jarin 16y agoAh, ok. Maybe it's possible to file a fair use counterclaim then?
- Jeema3000 16y agoYes, but this does: US Code Title 15 Section 1125: (3) Exclusions The following shall not be actionable as dilution by blurring or dilution by tarnishment under this subsection: (A) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person’s own goods or services, including use in connection with— (i) advertising or promotion that permits consumers to compare goods or services; or (ii) identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner.