Call 1 (206) 657-6685 to start a Data Recovery!

Nominative Fair Use of Third-Party Trademarks

US trademark law generally permits the use of a third-party trademark provided that there is no likelihood of confusion (ie, no trademark infringement) and any claims made in connection with the use are not false, misleading or otherwise inaccurate (ie, no false advertising) (see McCarthy on Trademarks and Unfair Competition §§11:43, 27:35 (4th ed 2016)).

The necessary use of a third-party trademark to describe Seattle Data Recovery's goods or services is ‘nominative fair use’. Our content contains non-infringing use where there is no likelihood of confusion.

  • Seattle Data Recovery's products or services cannot be readily identified without the use of the marks.
  • Only so much of the mark or marks are used as is reasonably necessary to identify the product or service.
  • Seattle Data Recovery has not done or said anything that otherwise suggests sponsorship or endorsement by the trademark owner.

According to New Kids on the Block v News Am Pub, Inc (971 F2d 302, 306 (9th Cir 1992)). Seattle Data Recovery's use is nominative fair use.

Referring to a third-party mark

Seattle Data Recovery may use the “normal terms which, to the public at large, signify the [mark owner’s goods]” to accurately describe the company’s goods or services (see Volkswagenwerk AG v Church, 411 F2d 350, 351 (9th Cir 1969).

In Volkwagenwerk, the Ninth Circuit held that it was not an infringement for the defendant automobile mechanic specializing in the repair of Volkswagen autos to advertise his business as “Independent Volkswagen Porsche Service” (id at 350-51). Seattle Data Recovery uses terms like ‘Data Recovery for BRAND NAME hard drives’, which operates as a disclaimer. The website https://seattle-recovery.com includes marks owned by multiple seperate computer manufacturers which makes confusion between Seattle Data Recovery and any single computer manufacturer.

Seattle Data Recovery Center

University District Data Recovery Center at The University Business Center

Enter the University Business Center's entrance on 9th Ave NE. Use the elevator to reach the 3rd Floor. Reception will assist you. Please Call Seattle Data Recovery at (206) 657-6685 for immediate service.

Parking

Your parking will be compensated in your data recovery invoice. Parking is on the East side of the building at the Public Parking lot.

Insurance

Our shipments can be insured for high-value devices and data when high-priority HDDs or SSDs must be shipped to a specialized clean room out of state. Worst-Case Flash storage devices like M.2 NVMe, and SATA SSDs which require chip-off data recovery are one example of specialized disasters where clients have opted-in for insurance.

Call 1 (206) 657-6685 to start a Data Recovery!

Drop-Off Your HDD, SSD, or Device With Trusted Concierges At The UPS Store In Downtown Seattle's Bank Of America Plaza

UPS Store is the United States' most trusted fragile package handler. Use our data recovery concierges In Downtown Seattle's Bank of America Plaza. We are on Southern entrance on 5th Ave near Starbucks. As you enter the building, you will see our suite #125 on the left wall. Take the first left and enter the UPS Store. If you use the Northern entrances, enter the building and proceed South. Reception can help you find the UPS Store. Tell the UPS Store Concierges that you have a device for Seattle Data Recovery. You will be offered a box, or padded envelope if your drive is not in a box or package. Please label your package with your full name, business name, Address, Email, and Phone Number. Please Call Seattle Data Recovery at (206) 657-6685 for immediate service.

Parking

Your parking will be compensated in your data recovery invoice. Parking is on the south side of the building on Columbia St. Use the elevator to reach the 1st floor. Reception can assist you in finding the UPS Store.

Packaging

Fragile packing service including boxes and Labeling for your HDD, SSD will be compensated in your data recovery invoice.

Insurance

UPS Store can insure high-value devices and data when a high-priority HDD or SSD must be shipped to our specialized clean room in another state. Worst-Case Flash storage devices like M.2 NVMe, and SATA SSDs which require chip-off data recovery are one example of specialized disasters where clients have opted-in for insurance.