News Am. Pub., Inc., 971 F.2d 302, 308-309 (9 th Cir. 1982) (“nominative use of a mark—where the only word reasonably available to describe a particular thing is pressed into service—lies ...

On nominative fair use, Hertell said, the ruling specifically concerns the factual pattern of a cover band. Hans Hertell, Hogan Lovells Litigation, Arbitration, and Employment partner.

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