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 179 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 !


Cam World: Q&A With Studio 20’s Andra Chirnogeanu

One of the blue-ribbon studios in the cam biz is Studio 20, which is now a global brand, with locations on both sides of the Atlantic — from Romania to Hollywood, Calif. Of course, with every strong... More »

Cam World: Model of Month Jenny Blighe Is Red-Hot

Have you found out about MyFreeCams sensation Jenny Blighe, the fiery Arkansas redhead? For the past four years, Blighe’s been camming on an almost-daily basis on MyFreeCams, building a loyal fan... More »

Justin Sayne Leather Expands Team, Gears Up for Eventful 2017

When Justin Sayne looks back on 2016, he will likely remember it as a year in which his Arizona-based company, Justin Sayne Leather, grew by leaps and bounds. Important new hires joined the company, Sayne... 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.


The European Summit

Mar 04 - Mar 07
Barcelona-Sitges, Spain

The TEA Show

Mar 05 - Mar 06
Hollywood, CA

Phoenix Forum 2017

Mar 23 - Mar 26
Tempe, Arizona


Mar 31 - Apr 02
Denver, CO.
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!