News America Publishing, Inc., 971 F.2d 302 (9th Cir. The Ninth Circuit first articulated the nominative fair use doctrine in New Kids on the Block v. In doing so, SCOTUS made one thing clear: the various approaches to the nominative fair use doctrine among the circuits will remain the law of the land – at least for now. In a recent disappointment to those advocating clarity for the muddy waters of determining permissible use of third-party trademarks under the nominative fair use doctrine, the Justices of the United States Supreme Court denied the petition for certiorari on the Second Circuit’s recent nominative fair use ruling.
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