The Second Circuit OKs Limited Use of “Nominative Fair Use” TM Test

The Second Circuit Court of Appeals fully endorsed nominative fair use but said it cannot be treated as an affirmative defense.  The case, International Information Systems Certification Consortium v. Security University LLC, case number 14-3456, was argued by John L. Cordani, Jr., Fatima Lahnin and Damian Gunningsmith.

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