Fair use of trademarks is more limited than that which exists in the context of copyright.
Courts have recognized that ownership of a trademark or service mark cannot be used to prevent others from using the word or symbol in accord with its plain and ordinary meaning, such as if the trademark is a descriptive word or common symbol such as a pine tree.
[2] Under U.S. Supreme Court precedent, the fair use defense in trademark law is not precluded by the possibility of confusion.
[3] However, courts may consider the possibility of confusion in analyzing whether a use is fair or not.
[4] Intent to show confusion is also relevant; hence, as a general rule the trademark should be used no more than necessary for the legitimate purpose.