The Supreme Court issued a "near" unanimous decision (some of the justices dissented on a couple of footnotes) in a case questioning whether rival companies can use each others' trademarked terms.

The case is KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., et al and it came up from the Ninth Circuit. In the case, the justices held that a company wishing to employ a fair use defense does not have to show a lack of confusion. Tough to prove a negative in any event. What this case means is that consumer confusion can be shown in a counter to a fair use defense, but the burden is now on the complainant to show confusion, even if the term is protected by trademark or other special registration.