Amicus Brief

KP Permanent Make-Up, Inc. v. Lasting Impression Inc.

Published: January 1, 2004


U.S. Supreme Court

Our Position

A defendant asserting the fair use defense need not prove the absence of likely confusion if the three statutory prerequisites for the defense in Section 33(b)(4) of the Lanham Act are met.


The Court held that a party asserting a fair use defense in a trademark infringement action does not bear the burden of negating likelihood of confusion.