The Southern District of Florida determined that the band using 'Earth, Wind & Fire' did not qualify for a nominative fair use defense against trademark infringement.
The decision hinged on the precedent set by the Ninth Circuit, employing the New Kids on the Block test, which evaluates factors of identifiable usage and association with trademarks.
A crucial aspect of the ruling emphasized that any use of trademarks must especially avoid implying endorsement or sponsorship by the original trademark holder.
As trademark laws evolve, cases like this illustrate the complexities of associating with established brands while navigating the fine line of fair use.
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