Why facts matter when using the fair use defense in trademark cases
Abstract: The fair use defense can prove to be the bane of a trademark holder’s infringement claim. The good news for trademark holders, though, is that the defense is difficult to establish before trial, giving them the opportunity to prove their cases to juries. This article examines a recent case in which this happened. Marketquest Group, Inc. v. BIC Corp., No. 15-55755, July 7, 2017, 9th Cir.