Supreme Court Will Decide Whether Fair Use Defense Survives a Showing of Likely Confusion

On Jan. 9, 2003, the U.S. Supreme Court granted certiorari to decide whether a fair use defense to trademark infringement can trump a finding of likely confusion. <i>KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc.</i>, 328 F.3d 1061 (9th Cir. 2003), <i>cert. granted</i>, 124 S. Ct. 981 (2004). The decision to grant certiorari in this case is especially interesting in light of other recent cases also from the Ninth Circuit in which certiorari was denied.

23 minute readApril 01, 2004 at 03:29 PM
By
Stephen W. Feingold, Gerry A. Fifer
Elyse A. Marcus
Supreme Court Will Decide Whether Fair Use Defense Survives a Showing of Likely Confusion

On Jan. 9, 2003, the U.S. Supreme Court granted certiorari to decide whether a fair use defense to trademark infringement can trump a finding of likely confusion.KP Permanent Make-Up,

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