But in many cases, those who might be entitled to claim "fair use" avoid litigation by paying licensing fees.
Apple will likely be able to claim exclusive use of some design elements that they have managed to protect with patents.
Other notable trademarks that have been used for a long time include Löwenbräu, which claims use of its lion mark since 1383.
The two wineries were founded in the same year, and both claimed first use of the name "Stag's Leap".
The 56 homeowners own their property and each deed claims use of the roadways into and out of the area.
Note that this does not claim fair use in articles other than Gish.
But sorry, Dan, coinage cannot be claimed; somebody almost always crops up to claim first use of a noun formed from a common adjective.
We thus line up with the courts that have held the parody, like other comment or criticism, may claim fair use under 107.
Sampling artists fought back, claiming fair use.
Koons admitted to having copied the image intentionally, but attempted to claim fair use by parody.