Plaintiff Tells High Court Trademark Question Of Fair Use Is For A Jury To Decide

(October 29, 2015, 11:36 AM EDT) -- WASHINGTON, D.C. — A trademark noninfringement ruling that the use of the word “inhibitor” on the label of WD-40 Co.’s product is fair conflicts with Hana Financial, Inc. v. Hana Bank (135 S. Ct. 907 [2015]) because the question of whether two trademarks are similar is a question for a jury and requires an assessment of an ordinary person, a plaintiff argues in an Oct. 9 petition for a writ of certiorari to the U.S. Supreme Court (Jeffrey Sorensen v. WD-40 Co., No. 15-473, U.S. Sup.)....
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