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
is unlikely.
To read more
Register for limited access
Register to receive our newsletter and gain limited access to subscriber content.
Register now
Subscribe to unlock unlimited access
Get news, unique commentary, expert analysis and essential resources from the WTR experts.
Subscribe now