Ruling in a closely watched intellectual property case, the Supreme Court gave both sides something to celebrate in disputes involving alleged consumer confusion over trademarks.
The Court’s unanimous ruling in KP Permanent Make-Up v. Lasting Impression said that the law tolerates “a certain degree of confusion on the part of consumers,” a view favoring alleged trademark infringers. But it also gave trademark holders a partial victory when it said that evidence of likely consumer confusion is relevant and can be introduced by trademark holders in suing infringers.
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