Home > News > U.S. Justices Limit Some Trademark Claims • Bookmark   • Newsletters   • Register Search Options


U.S. Justices Limit Some Trademark Claims

U.S. Justices Limit Some Trademark Claims
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
Yes, but in a few years
Out of 170 votes. Results based on votes submitted by members of XBIZ.net social network.
Dec 8, 2004 9:41 AM PST    Text size: 
WASHINGTON — The U.S. Supreme Court on Wednesday made it harder for companies to sue each other for using similar words in advertisements of trademarked marketing terms.

The decision, which overturned a 9th U.S. Court of Appeals ruling, could be significant for online adult companies that maintain series of words are “trademarkable.”

For instance, a company called Hotsexmama.com would have a harder time suing another online adult company using the words “hot sex mama” in an advertisement, website or other marketing tool.

In Wednesday’s case, the 9-0 opinion involved the niche industry of permanent makeup inks and whether one company's trademark for the term "micro color" prevents a competitor from also using the words.

The decision said a company defending itself against a trademark-infringement claim can say it fairly used the disputed terms without having to prove consumers weren't confused by those ads.

Justice Souter, writing the opinion for the court, said that the burden of proving confusion falls on the company alleging trademark infringement. Both fair use and confusion are key components of trademark law.

"A plaintiff claiming infringement of an incontestable mark must show likelihood of consumer confusion," Souter wrote. "The defendant has no independent burden to negate the likelihood of any confusion."

The case is KP Permanent Make-Up Inc. vs. Lasting Impression I Inc., 03-409.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Camming Issue: An Evolving Business

One of the most visual examples of the growing maturity and success of today’s live webcam industry is found in the emergence of professional cam studios. These facilities evolved from simple locations... More »

Camming Issue: Models vs. Affiliates

One of the most contentious conversations among cam models today involves affiliate promotions that include unauthorized photos or videos of the models. This isn’t a matter of a model’s, network’s,... More »

Camming Issue: Profits on Rise for Performers

It’s been 20 years since JenniCam rocked the infant internet with the first adult-oriented live cam shows, revealing the intimate details of this groundbreaking cam performer’s daily life —... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.


XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA

XBIZ Awards 2017

Jan 12 - Jan 12
Los Angeles, CA

ANME Founders Show

Jan 14 - Jan 15
Los Angeles Marriott Burbank Airport

Everything To Do With Sex Show

Jan 20 - Jan 22
Montréal, Québec
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!