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Through the use of a marking criterion covering key aspects that should be considered when choosing a turbine a variety of the new designs available are investigated.
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Strategies that could be used include providing a range of worked examples from previous years, training in the use of a standardised marking schedule, and 'shadow marking' with an experienced peer marker.
Noncommercial use of a mark.
Any noncommercial use of a mark.
"Use" of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark.
'Use' of a mark means the bona fide use of that mark made in the ordinary course of trade, and not made merely to reserve a right in a mark.
The Lanham Act defines "use in commerce" as "the bona fide use of a mark in the ordinary course of trade". 15 U.S.C. § 1127.
Section 1125(c)(4)(B) specifically exempts from the scope of all provisions of § 1125 the "noncommercial use of a mark". (Emphasis added).
It is not by reason of absence of a use of a mark in commerce that benign product placement escapes liability; it escapes liability because it is a benign practice which does not cause a likelihood of consumer confusion.
One of the exceptions to the anti-dilution provision further indicates that the provision only applies to commercial use: "(4) The following shall not be actionable under this section... (B) Noncommercial use of a mark". 15 U.S.C. § 1125(c)(4).
Cases like these are best understood as involving a non-trademark use of a mark--a use to which the infringement laws simply do not apply, just as videotaping television shows for private home use does not implicate the copyright holder's exclusive right to reproduction.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com