KP Permanent Make-Up v. Lasting Impression

Client received a cease and desist letter demanding that client stop using a trademark that client believed was generic, and if not generic then descriptive. After convincing the District Court judge that the fair use defense warranted entering a summary judgment in client's favor, the 9th Circuit reversed, ruling that the fair use defense is not available if there is resulting confusion. We then brought the case to the Supreme Court and won, establishing that the fair use defense to trademark infringement is a viable defense even if there would be resulting confusion.