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The U.S. Supreme Court recently ruled that a plaintiff who demonstrates that the defendant's use of a trademark is likely to cause consumer confusion may nonetheless fail to establish trademark infringement. The Court's decision resolved a lower court split as to whether a finding of "likelihood of consumer confusion" precludes fair use. A close examination of questions it answered -- and those it left open -- reveals the widespread impact the decision will have.
February 09, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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