Disclaimer:
Above Named Brand Diet Patch Alternative Products are a registered trademark of its respective owner (s) all rights reserved. This web site displays trademarks and intellectual property in order to afford customers a product comparison. This page is not designed to deceive confuse or in any way mislead a consumer and in no way represents Paaws or any of its product(s) For more information on Paaws please contact the manufacturer
US courts have recognized nominative use of intellectual property. Nominative use occurs when use of a term is necessary for purposes of identifying another producer’s product, not the user’s own product. The use of a trademark is sometimes necessary to identify and talk about another party’s products and services. (Such as product comparisons) When the above conditions are met, such a use will be privileged. Please visit the Harvard Law Website for more information

I. STATUTORY FAIR USE: Pursuant to § 33(b)(4) of the Lanham Act, a defense to a claim of trademark infringement 698 F.2d at 791 (citing Soweco, Inc. v. Shell Oil Co., 617 F.2d 1178, 1185 (5th Cir. 1980).

The purpose of the statutory fair use defense is to allow non-owners of the trademark to accurately describing their goods. Therefore, the defense is only available when the mark at issue is descriptive, and then, only where the descriptive term is used descriptively. Because the use is “otherwise than as a mark,” the “fair use” of someone else’s descriptive trademark should not be likely to cause confusion. [A]nyone is free to use the term in its primary, descriptive sense so long as such use does not lead to customer confusion