Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

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

Docket No.: 03-409
Certiorari Granted: Jan 9 2004
Argued: October 5, 2004
Decided: December 8, 2004

Topics:

15 U.S.C. 1115, Economic Activity, Eighth Amendment, First Amendment, antitrust, habeas, murder, trademark

PartyNames: KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., et al.
Petitioner: KP Permanent Make-Up, Inc.
Respondent: Lasting Impression I, Inc., et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 328 F3d 1061
Supreme Court Docket

KP Permanent Make-Up, Inc.
v.
Lasting Impression I, Inc., et al.
543 U.S. 111 (2004)
Question Presented:

Does the classic fair use defense to trademark infringement require the party asserting the defense to demonstrate an absence of likelihood of confusion, as is the rule in the 9th Circuit, or is Fair Use an absolute defense, irrespective of whether or not confusion may result, as is the rule in other Circuits?

Question:

Did the classic fair use defense to trademark infringement require the party asserting the defense to demonstrate an absence or likelihood of confusion?

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

October 5, 2004

Holding: vacated and remanded
Decision: Decision: 9 votes for KP Permanent Make-Up, Inc., 0 vote(s) against
Vote: 9-0
Opinion By:
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)