Fair Use Defense: When Can You Use Another Owner's Trademark Without Permission?
Wondering whether you can use someone’s trademark without their permission? Learn what the fair use defense is and how it works in real life."Fair use" is a legal doctrine that lets people copy or otherwise use other people's intellectual property without permission under certain circumstances. You might be familiar with the fair use defense for copyright, but not everyone knows that the defense also applies to trademark law. Under trademark law's fair use doctrine, you can use another owner's trademark without their permission for purposes such as comparative advertising, news reports, parodies, and criticisms.Take an online video review of someone's recent trip to Disney World. In their video, they talk about shopping in Star Wars Galaxy's Edge while drinking a Starbucks coffee. They've used the trademarks "Star Wars Galaxy's Edge" and "Starbucks" in their review without the permission of the respective trademark owners. But the online reviewer is, in all likelihood, legally allowed...