Sorting out "fair use" and "likelihood of confusion" in trademark law

Sorting out "fair use" and "likelihood of confusion" in trademark law

Sorting out "fair use" and "likelihood of confusion" in trademark law

Greene

Stephanie M.

Greene, Stephanie M.

Dept. of Business Law, Carroll School of Management

Author

Author

text

article

2006 2006 monographic

2006

2006

monographic

English eng

English

eng

electronic application/pdf digitized other analog

electronic

application/pdf

digitized other analog

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.

Version of record.

Electronic reproduction. Chestnut Hill, Mass. : University Libraries, Boston College, 2009.

American Business Law Journal 0002-7766 43 1 43 77 pp. 43-77 Spring 2006

American Business Law Journal

American Business Law Journal

0002-7766

43 1 43 77 pp. 43-77 Spring 2006

43

43

1

1

43 77 pp. 43-77

43

77

pp. 43-77

Spring 2006

Use of this resource is governed by the terms and conditions of the Creative Commons "Attribution-Noncommercial-No Derivative Works 3.0 United States" (http://creativecommons.org/licenses/by-nc-nd/3.0/us/)

Business Law ABLJ-v43-Greene-p43-QC.pdf BusinessLawPublications.eml Cover-thumbnail.jpg

Business Law

ABLJ-v43-Greene-p43-QC.pdf

BusinessLawPublications.eml

Cover-thumbnail.jpg

MChB English eng

MChB

English eng

English

eng