Sorting out "fair use" and "likelihood of confusion" in trademark law
Greene, Stephanie M. “Sorting out "fair use" and "likelihood of confusion" in trademark law”. American Business Law Journal, 2006. http://hdl.handle.net/2345/1471.
This article explores the boundaries of commercial trademark law and others' fair use of those marks. Coverage of recent cases in this practice area demonstrates how courts try to strike a balance between competition and consumer confusion in original and follow-on uses. Prior to the Supreme Court's decision in KP Permanent Make-Up v. Lasting Impression, there had been a split among the circuit courts on this issue. The author notes that to the extent the Supreme Court allows fair uses, even those that create a nominative amount of consumer confusion, this creates an incentive for mark owners to create stronger branding strategies.