Sunday, April 24, 2011

Nominative fair use or initial interest confusion?

Interesting ad from the Electronic Payments Coalition (note the referrer mentions "Home Depot campaign," which could be a problem in some circuits, for all Eric Goldman's justified grumbling).  Given the colors and the hardware shown, is this "no more than necessary"?  Even if so, isn't it obviously legit anyway?

1 comment:

  1. Anonymous5:04 PM

    Did EPC have to match the color scheme/use particular photos to run this campaign? No. Should initial interest confusion really operate as a theory of infringement here? I don't see why.