Fair Use: Comparing the Approach Under Trademark and Copyright Law

Recorded On: 05/19/2018

Pre-recorded at INTA's 2018 Annual Meeting.

Exploring the concept of fair use in both trademark and copyright law in the United States, EU, and other countries with similar federal trademark and copyright laws. Speakers will offer comparisons between situations under trademark and copyright law, specifically with respect to parodies and comparative advertising. 

The panel will explore the following questions:

  • Does copyright protection prevent trademark use in comparative advertising or nominative fair use situations? 
  • Does trademark protection prevent copyright fair use or fair dealing in expressive works?
  • Do the fair use concepts influence each other, and can trademark owners benefit from fair use exemptions under copyright law?
  • How are claims of exemption under the same fact pattern approached by different jurisdictions, and what is the likely outcome of such claims in different jurisdictions?

Jacqueline Schaap (Moderator)

Visser Schaap & Kreijger (Netherlands)

Mireille Buyde

Janson Baugniet (Belgium)

Betsy Rosenblatt

Whittier Law School (United States)

J. Kevin Fee

Morgan, Lewis & Bockius LLP (United States)

Richard Watts

Simpson Grierson (New Zealand)


Open to view video.
Open to view video.