DePaul Journal of Art, Technology & Intellectual Property Law Volume 16 Issue 1 Fall 2005 Article 2 Trademark Nominative Fair Use: The Relevance of the "New Kids on the Block Factors" After the Supreme Court KP Permanent Make-Up v. Lasting Impression Decision Carl Regelmann Follow this and additional works at: https://via.library.depaul.edu/jatip Recommended Citation Carl Regelmann, Trademark Nominative Fair Use: The Relevance of the "New Kids on the Block Factors" After the Supreme Court KP Permanent Make-Up v. Lasting Impression Decision, 16 DePaul J. Art, Tech. & Intell. Prop. L. 1 (2005) Available at: https://via.library.depaul.edu/jatip/vol16/iss1/2 This Lead Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Journal of Art, Technology & Intellectual Property Law by an authorized editor of Via Sapientiae. For more information, please contact
[email protected]. Regelmann: Trademark Nominative Fair Use: The Relevance of the "New Kids on TRADEMARK NOMINATIVE FAIR USE: THE RELEVANCE OF THE "NEW KIDS ON THE BLOCK FACTORS" AFTER THE SUPREME COURT KP PERMANENT MAKE-UP V. LASTING IMPRESSION DECISION By Carl Regelmann* I. INTRODUCTION In December of 2004, the Supreme Court announced in KP Permanent Make-Up, Inc. v. Lasting Impression I,Inc., that a likelihood of confusion did not bar the affirmative defense of descriptive trademark fair use under §33(b)(4) of the Lanham Act.' This interest in descriptive fair use by the nation's highest court encouraged a number of commentators to discuss the issue in depth.2 However, in the Court's decision on the future of * J.D.