Tabberone is pronounced tab ber won not tay ber own

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KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., 125 S.Ct. 542 (2004) (Souter, J.) The Supreme Court held that, in determining whether a defendant has made fair use of a word or phrase claimed by another party to be a trademark (in this case MICROCOLOR for permanent makeup), the defendant need not prove a lack of likelihood of confusion. It is appropriate to consider some likelihood of confusion factors, however, because they also bear on fair use. For example, intent to adopt another's mark would suggest that the defendant has not made a good faith fair use. In addition, actual confusion suggests that the defendant may not be using the designation in a descriptive manner, but rather as a trademark.