Amicus Brief

Security University, LLC, et al., v. International Information Systems Security Certification Consortium, Inc.

Published: October 24, 2016

Court

U.S. Supreme Court

Our Position

The Court should grant Security University’s petition for certiorari to decide (1) whether to recognize the doctrine of nominative fair use; (2) what the test for nominative fair use should be; and (3) whether nominative fair use should be treated as an affirmative defense or should be evaluated as part of the likelihood of confusion analysis as part of the plaintiff’s case-in-chief.