The “Fair Use” Defense to Trademark Infringement – How to Appeal & GET REINSTATED
Today, I’m here to talk to you about trademark complaints and how you can appeal these complaints when the use of the trademark at the issue is permitted under fair use.
Descriptive Fair Use is defined as the use of another party’s protected trademark, to describe a good or service, and/or an Amazon listing.
Declan, a paralegal here at the firm, told me about a recent success of his, where he argued Descriptive Fair Use in a case where his client received the trademark complaint against their use of a descriptive term in the listing title because the rights owner happened to own a trademark for it.
He quickly drafted an appeal to Amazon arguing Descriptive Fair Use and was able to reinstate the listing.
It’s not uncommon to receive invalid complaints from right owners who are trying to enforce a trademark that is being used in an apparently descriptive way. Amazon unfortunately does entertain these wrongful complaints regularly.
So if you are ever faced with similar issues, if you have any further questions about a defense to trademark infringement, IP, or any other problem, don’t hesitate to give us a call at 1-877-9-SELLER.