1. Home
  2. Browse Decisions
  3. U.S.
  4. 543 U.S.
  5. 543 U.S. 111 (2004)
 

KP PERMANENT MAKE-UP, INC. v. LASTING IMPRESSION I, INC.

No. 03-409.

543 U.S. 111 (2004)

KP PERMANENT MAKE-UP, INC. v. LASTING IMPRESSION I, INC., ET AL.

Supreme Court of United States.

Decided December 8, 2004.

Attorney(s) appearing for the Case

Michael Machat argued the cause and filed briefs for petitioner.

Patricia A. Millett argued the cause for the United States as amicus curiae urging reversal. With her on the brief were former Solicitor General Olson, Assistant Attorney General Keisler, Deputy Solicitor General Hungar, Anthony J. Steinmeyer, Anthony A. Yang, John M. Whealan, Cynthia C. Lynch, and Nancy C. Slutter.

Beth S. Brinkmann argued the cause for respondents. With her on the brief were Charles C. H. Wu, Mark H. Cheung, Drew S. Days III, Edward W. Gray, Jr., Seth M. Galanter, and J. Thomas McCarthy.*

SOUTER, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, KENNEDY, THOMAS, and GINSBURG, JJ., joined, in which SCALIA, J., joined as to all but footnotes 4 and 5, and in which BREYER, J., joined as to all but footnote 6.

JUSTICE SOUTER delivered the opinion of the Court.*

The question here is whether a party raising the statutory affirmative defense of fair use to a claim of trademark infringement, 15 U. S. C. § 1115(b)(4), has a burden to negate any likelihood that the practice complained of will confuse consumers about the origin of the goods or services affected. We hold it does not.

I

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases