Abstract
From a strategic litigation perspective, the proof required to demonstrate fair use is crucial. Does fair use only require that a description be accurate, or does it also demand that there be no likelihood or confusion? This is the question the Supreme Court addressed recently in KP Permanent Make-up Inc. v. Last Impression I Inc. The opinion in this case is important because it makes it clear that companies accused of trademark infringement my rely on the fair use defense without necessarily having to disprove likelihood of confusion.
