WCVB-TV v. Boston Athletic Association

The Boston Athletic Association (BAA) (defendant) registered Boston Marathon and licensed exclusive telecast rights to a rival station, but WCVB-TV (plaintiff) nonetheless broadcast the race and used the words Boston Marathon before, during, and after its coverage; WCVB-TV also offered to air any disclaimers BAA wanted. BAA sued for trademark infringement; the district court ruled for WCVB-TV, and BAA appealed.

Whether the fair use of a trademark incurs liability under trademark law so long as the use does not create a likelihood of confusion among the public.