As a start to the new year, let’s take a look at the legal doctrine of “nominative fair use.” This doctrine essentially says that you shouldn’t be sued for simply describing something, even though another party might take offense or believe that their intellectual property rights have been affected as a result.
For example, Mike Piazza was just elected to the Baseball Hall of Fame. He let it be known just recently and in his autobiography that he would want to go in as a Met and not as a Dodger. Yet the Dodgers trumpeted his election and his years as a Dodger, including him on Dodgers.com, and Piazza cannot object.
Why not? Nominative fair use, of course. He cannot complain because he was a Dodger.
Second case in point, Terry Welles. She listed herself online as a former Playmate in Playboy and Playboy sued her (no, we will not give you a link!). She won before the 9th Circuit (I was there for the hearing) despite the fact that she showed up in a rather revealing outfit before a panel with two women judges of a certain age. She won because she had been a Playmate and she was strictly describing her former status. Denominative fair use triumphs.