Fair-use defence: the end of confusion?
The US Supreme Court has at last clarified some of the most disputed
points relative to the fair-use defence, under which traders may use descriptive
terms that are part of another party's mark to describe their goods or their
geographical origin. Mark I Feldman of DLA Piper Rudnick Gray Cary explains
how the court reached the conclusion that (i) a party can defeat an infringement
claim on the basis of fair use, even if such use will result in some consumer
confusion, and (ii) such a party is not required to prove that consumer confusion
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