Journal article
US Supreme Court Set to Make a Lasting Impression in Trademark Law: K.P. Permanent Make-Up, Inc. v. Lasting Impression I, Inc
Intellectual property & technology law journal, Vol.16(11)
01 Nov 2004
Abstract
On October 5, 2004, the US Supreme Court heard oral argument in KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., on review from the US Court of Appeal for the Ninth Circuit. The US Supreme Court will examine tensions between a trademark holder and competitor seeking to use the holder's trademarked term under the doctrine of fair use. The accused infringer and a number of amici argue that the Ninth Circuit has created a burdensome and redundant standard that threatens competitor's rights to accurately and fairly describe their own products to the detriment of consumers. The trademark holder contends that the Ninth Circuit's ruling is well supported by the language of the Lanham Act and its common law origins and that any concerns about First Amendment are overstated. Undoubtedly, the Supreme Court's decision in KP Permanent Make-Up will have a substantial impact on the trademark law of fair use.
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Details
- Title
- US Supreme Court Set to Make a Lasting Impression in Trademark Law: K.P. Permanent Make-Up, Inc. v. Lasting Impression I, Inc
- Creators
- Amy Landers
- Publication Details
- Intellectual property & technology law journal, Vol.16(11)
- Publisher
- Aspen Publishers, Inc
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Identifiers
- 991021866836704721