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, Inc. v.
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.
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Stephen W. Feingold, Gerry A. Fifer And Elyse A. MarcusThis premium content is locked for The Intellectual Property Strategist subscribers only
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