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Marcus Chatterton Quoted in ABA Litigation News Regarding Nominative Use of Certification Mark

Marcus Chatterton, attorney in the firm’s Birmingham office and member of the Intellectual Property/Trademark Practice, was quoted in the American Bar Association (ABA) Litigation News on October 13, 2016, regarding the nominative fair use of a certification mark. In the article, Marcus discussed the best argument for nominative fair use, as well as an example case in the technology space.

According to a recent federal appellate court decision, the nominative fair use of a certification mark is not an affirmative defense to an infringement claim under the Lanham Act, a decision that continues to divide the circuit on if nominative fair use is an affirmative or substantive defense to a claim of trademark infringement. Marcus is co-chair of the Copyright Subcommittee of the ABA Section of Litigation’s Intellectual Property Committee.