Can Fair Use Confuse?

For the fifth time in four years, the Supreme Court has granted certiorari to review a trademark-related case, this time on the issue of fair use. In each of the prior four decisions, the Supreme Court has narrowed the scope of trademark protection. The case presently before the Court, KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., 328 F.3d 1061 (9th Cir. 2003), cert. granted, 124 S. Ct. 981 (2004), may halt this trend...