Nominative Fair Use and Parody

Intellectual Property Defenses

1. Kevin puts the word Pepsi several times into the text of his video game review blog. In fact, he simply types out a paragraph that repetitively describes Pepsi products at the bottom of the website. Kevin hopes that when consumers search for Pepsi online, his blog will appear as a result. Consumers are often misled into clicking on Kevin's blog, only to waste hours of time before realizing that Kevin is not affiliated with Pepsi. Pepsi sues Kevin for infringement. Can Kevin successfully argue nominative fair use? Why or why not?

1. Tyler's Toys sells Babyberry, a humorous line of cheap jackets for toddlers that imitates the famous Burberry line of luxury coats. Is this trademark infringement or parody fair use? Why or why not?