The vast scope of the internet can have major implication when addressing trademark infringement. If you find yourself on the wrong side of an internet infringement case, there may be several avenues available to overcome a detrimental outcome. One of the most common defenses is using the descriptive fair use doctrine. This doctrine allows for a defense when a registered trademark is used with good faith only to describe your goods or services. Use may also be allowed if it is nominative fair use, which means it was only used to refer to the registered trademark. In addition, commentary, parody, noncommercial use, and criticism are allowed as they are protected by the right to free speech. It is imperative to ensure that you are not using a registered trademark to attract customers. Many times this can boil down to whether the use was in bad or good faith. Always be sure you know not only your rights, but those of another trademark owner if their mark appears on your website in any capacity.
This blog is not legal advice and is not specific to your application. You should always consult an attorney.