ELI5: Explain Like I'm 5

Fair use (U.S. trademark law)

Fair use in U.S. trademark law is like when it's okay for you to use something that belongs to someone else, like a toy or a piece of candy, but only in certain situations. Just like how you can't take someone else's toy whenever you want it, you can't use someone else's trademark whenever you want it.

Here are some situations where it might be okay to use a trademark:

1. If you're talking about someone else's trademark in order to criticize or comment on it, like if you wanted to say that you don't like a certain brand of cereal.

2. If you're using someone else's trademark in order to compare your own product or service to theirs, but you have to be careful not to confuse people into thinking that your product or service is actually theirs.

3. If you're using someone else's trademark in order to create something new, like if you wanted to make a funny video that includes a clip from a popular TV show. But, again, you have to be careful not to confuse people into thinking that the trademarked thing is actually yours.

Overall, fair use in U.S. trademark law is all about using someone else's trademark responsibly and not doing anything that might be confusing or harmful to the owner of the trademark.