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Trademarks aren't copyrights, and trademark law is separate from copyright law right up to them being authorized by different sections of the US constitution. The DMCA is a copyright law and has no bearing on trademark issues, and there is no analog in trademark law for the DMCA takedown/safe harbor procedure beyond traditional C&D letters. To properly analyze who has what rights here, you need to completely ignore everything related to the DMCA, and then you come to the conclusion that a product review that properly identifies who made the product is of course free to use the trademarked name of the product to discuss it. (And little TM and (R) symbols have nothing to do with it.)



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