Sunday, December 13, 2009

Nominative use of Hogwarts?

Op-ed in the NYT: the author recounts numerous instances of colleges (or college tour guides, at least) comparing themselves to Hogwarts. Use in commerce? Fair use?

1 comment:

Mark said...

Use in commerce? Yes (unless you mean "trademark use" in commerce, in which case I say no, but only because I don't think people will regard this use as designating the source of the colleges' services). Fair use? I guess maybe nominative fair use. But if there's any de minimus confusion, it's irrelevant confusion. (Insert citation here) :)