Totality of the Circumstances Point to Fair Use by Unauthorized Reseller This case is yet another application of the nominative (fair) use doctrine under the UDRP, see par. 2.8.1 of WIPO Overview 3.0 and the “Oki Data test” (Oki Data Americas, Inc. v. ASD, Inc., WIPO Case No. D2001-0903). The Respondent offered “A320” aircraft training materials on his website and …
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