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Main Page » Trademarks, Copyright and the Internet » Hot Topics » Fair Use

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Fair Use: Component Product's Mark

by Mark VB Partridge on Fri 10 Sep 2004 12:01 PM EST | Permanent Link

The manufacturer of a composite product using another's product as a component may use the component product's mark to truthfully disclose the use of the component without seeking permission or creating an infringement. Thus, Sally Sherman, a marketer of tuna salad, could state on containers: "Made With Bumble Bee Tuna." Bumble Bee Seafoods LLC v. UFS Industries Inc., 71 U.S.P.Q.2d 1684 (S.D.N.Y. 2004).

Following well-settled principles, the court cites and quotes from a treatise by my partners, Pattishall, Hilliard & Welch, Trademarks and Unfair Competition 7.06[1] (2d Ed. 2003), stating: "In permitted use decisions, the courts emphasize truthful disclosure. . . . The salient principle governing the legal propriety of using another's trademark is simply that of truthfulness and the absence of any likelihood of deception."

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Fair Use