Chapter Four: Trademark Defenses
A. Incontestability

Park ‘N Fly, Inc. v. Dollar Park and Fly, Inc.

Comments

B. Fair Use Defenses

1. Classic Fair Use

Sunmark, Inc. v. Ocean Spray Cranberries, Inc.

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Problem

Theoretical Perspective: Balancing Tests and Classic Fair Use

2. Artistic or “First Amendment” Fair Use

Mattel, Inc. v. MCA Records, Inc.

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3. Comparative and Nominative Fair Use

August Storck K.G. v. Nabisco, Inc.

Mattel Inc. v. Walking Mountain Productions

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Problem

Problem

4. Fair Use on Reconditioned Goods

Nitro Leisure Products, LLC v. Acushnet Co.

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