Devinn Lane Files Suit Against Vivid, Digital Playground, Others

[pornlaw]

Do not confuse nominative use with fair use in copyright. Nominative use of trademark is so that I can compare my product with the product of a competitor. Not so that I can steal clients or visitors and confuse the public as to the association of the mark with what is being sold.

A great example of nominative use -- the popular Apple vs. Microsoft commercials with the two actors, one hip and young and the other old and stodgy wherein Apple compares itself to Microsoft and uses its name and trademarks. Apple can certainly claim nominative use in that regard. If Apple registered a domain name with Microsoft in it with the intent to sell Apple computers by diverting traffic, this goes beyond nominative use. Nominative use is very narrowly tailored to protect commerical free speech rights.

And I never said you could not use a pornstar's name to promote her. As I said, anything after the .com is fine. That is your sign in the window. However, a domain name is tangible property. That is equivalent naming the store after her.

Michael

www.AdultBizLaw.com