WASHINGTON, Dec. 8 (UPI) -- The U.S. Supreme Court, in a Wednesday ruling involving cosmetics, broadened the defense traditionally used in a trademark infringement suit.
If a defendant raises the "fair use" defense -- a nebulous but statutory term that usually includes the brevity of the use, as well many uses short of simple theft -- then the defendant does not have to worry about whether that use will confuse consumers, the court said.
In the case, Lasting Impression I Inc. trademarked the words "Micro Color" in 1992. But KP Permanent Make-up Inc. has used the term since 1990 or 1991, before Lasting's trademark.
When Lasting demanded KP stop using "microcolor," KP sued in Los Angeles. A federal judge ruled KP was making "fair use" of the term, but a federal appeals court said the judge should have taken into account consumer confusion.
Wednesday, the Supreme Court threw out the appeals court ruling and ordered a new hearing.
Two justices dissented to minor parts of the majority opinion.
