No harm, no foul – Fair use defense wins trademark infringement case

Description

Abstract: Athletes are known for “leaving it all on the field,” or going all out in competition. A nutritional consultant firm for athletes recently took the same mindset to a trademark battle — but it didn’t emerge victorious, because a court found its opponent’s use of its mark was fair. This article examines the fair use defense and how the defendant used it to overcome a claim of trademark infringement. SportFuel, Inc., v. PepsiCo, Inc., No. 18-3010, Aug. 2, 2019, 7th Cir.