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KP PERMANENT MAKE-UP, INC. v. LASTING IMPRESSION I, INC.

No. 03-409.

543 U.S. 111 (2004)

125 S.Ct. 542

160 L.Ed.2d 440

KP PERMANENT MAKE-UP, INC. v. LASTING IMPRESSION I, INC., ET AL.

Supreme Court of United States.

Decided December 8, 2004.

Attorney(s) appearing for the Case

Michael Machat argued the cause and filed briefs for petitioner.

Patricia A. Millett argued the cause for the United States as amicus curiae urging reversal. With her on the brief were former Solicitor General Olson, Assistant Attorney General Keisler, Deputy Solicitor General Hungar, Anthony J. Steinmeyer, Anthony A. Yang, John M. Whealan, Cynthia C. Lynch, and Nancy C. Slutter.

Beth S. Brinkmann argued the cause for respondents. With her on the brief were Charles C. H. Wu, Mark H. Cheung, Drew S. Days III, Edward W. Gray, Jr., Seth M. Galanter, and J. Thomas McCarthy.*

JUSTICE SOUTER delivered the opinion of the Court.*

The question here is whether a party raising the statutory affirmative defense of fair use to a claim of trademark infringement, 15 U. S. C. § 1115(b)(4), has a burden to negate any likelihood that the practice complained of will confuse consumers about the origin of the goods or services affected. We hold it does not.

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