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    Trademark law does not permit a trademark owner to use its trademark rights to silence commentary and criticism. As with news reporting, courts recognize the important First Amendment values at stake and usually deny efforts by trademark owners to encroach on legitimate commentary and criticism. There are several legal bases for this result: there is no risk of confusion between the commentator and the trademark owner, and nominative fair use may protect this use of the trademark owner’s mark. Additionally, courts are likely to find that your use of a trademark in commentary or criticism is “not in connection with a good or service” and “noncommercial” (the argument is especially strong for the latter category). But note that some courts may find your use of a trademark for criticism and commentary to be commercial if you host advertising or link to commercial websites. In any event, to defeat a trademark dilution claim, you do not even need to show that your use is noncommercial. The federal dilution statute creates a categorical exemption for “criticizing . . . or commenting upon the famous mark owner or the goods or services of the famous mark owner.” 15 U.S.C. § 1125(c)(3)(A)(ii). 🔥

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    20 Comments

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    2. How do we know if it was a fake HA vest and Not real? It was a 1 on 1 and I? I see it but still wonder why he gave up his best so easily if it was real? And how did the other club member know it was fake from being a on another bike.. jst my thoughts

    3. Funny thing is the mongol isn’t even a full patch member. Or for some reason he didn’t put the full 3 piece patch on.

      Just a prospect who will probably earn his top patch

    4. I think it's crazy when I see dudes who got a bike and gotta dress like their a biker acting like their striAght outta an episode of sons of anarchy 😅 see it all the time but I'd be damned if someones gonna snatch the clothes off my back like that hell with that noise

    5. To leave a comment you have to be respectful or the tough motorcycle guys will get offended. Is what popped up before I can comment 😂

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