JOUR 625 Lecture Notes - Lecture 9: Nominative Case, American Airlines

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In cases where you lose your infringement case or cases where you win, you"ll most likely receive an injunction. Injunctions are when party"s accused of infringement are told they have to change their name and stop. These people have to agree to stop infringing. In a lot of cases you"ll get damages, but under trademark law, in some cases, the winning party won"t get any damages onto them. This means that they spent money to enforce their rights and won"t get any money back to repay for that in the end, but they will get an injunction forcing the other party to stop infringing. There are a lot of defenses to infringing on someone else. Sometimes, this will happen without the other person"s permission. Nominative fair use is using someone else"s name or trademark to discuss things regarding them or talking about them. You can talk about someone else"s product and mention their name when comparing it to your own.

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