From SCOTUS Blog: No. 03-409, KP Permanent Make-Up v. Lasting Impressions. Justice Souter delivered the opinion – vacated and remanded. Here’s the Ninth Circuit decision. More to follow.
OK, here’s the decision.
Here are transcripts of oral arguments before the Supreme Court.
Holding: A party asserting a fair use defense does not have the burden to negate the likelihood of confusion.