What are the types of fair use? 2. Nominative Fair Use: The nominative fair use defense protects your ability to use a trademark to refer to a trademark owner or its goods or services for purposes of reporting, commentary, criticism, and parody, as well as for comparative advertising. What is fair use? What is Fair Use of Trademarks? Courts impose three requirements on defendants who want to take advantage of the nominative fair use defense: (1) the trademark owner, product, or … In general, there are two types of fair use: descriptive fair use and nominative fair... 3. Unauthorized use of a trademark is an infringement of a trademark owner’s exclusive right to use their trademark. Trademarks enable the public to recognize goods or services as originating from a particular source. One of the most important trademark rights is the exclusive right to use a given trademark in commerce to identify to consumers the source of a particular good or service, or a class of goods or services. 1.