Supremes rule on TM fair use

AIPLA reports on the Supreme Court decision re KP Permanent Make-Up, Inc. v. Lasting Impression Inc., U.S., No. 03-409, 12/8/04.

“It suffices to realize that our holding that fair use can occur along with some degree of confusion does not foreclose the relevance of the extent of any likely consumer confusion in assessing whether a defendant’s use is objectively fair.”

The Court’s ruling is consistent with the position taken in an AIPLA amicus brief, which is explicitly cited with others amicus briefs for [the] proposition that consumer confusion may be relevant to fairness or descriptiveness.

Normally, I would not be so keenly interested in a trademark fair use case - even from the Supreme Court - but you have no idea what remarkable news this is after a 3 hour trademarks final! Especially when you now have no idea what your response really was on an incontestability question!

Ah, the joys of law school ...