Nominative Fair Use [Trademark] Law and Legal Definition

Nominative fair use refers to the utilization of another's trademark to identify and distinguish a thing, without implying current sponsorship or endorsement. It occurs when the alleged infringer uses the trademark holder's product, even if the alleged infringer's ultimate goal is to describe his/her own product. Additionally, nominative fair use happens when the only practical way to refer to something is to use the trademarked term.