Name That Circuit Split: Nominative Fair Use in the Second Circuit
In the recent case of International Information Systems Security Certification Consortium v. Security University, LLC, the Second Circuit articulated its test for analyzing nominative fair use claims in trademark infringement cases. While we now know the Second Circuit’s test, the case also highlights a notable circuit split between the Ninth, Second, and Third Circuits regarding nominative fair use. As a result, companies intending to rely on a nominative fair use defense may have varying success depending on the jurisdiction.
*This alert was originally posted on Arent Fox's Behind the Scenes blog. To read this alert in its entirety, please click here.