Commonwealth v. Guggenheimer, L.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that finding of likelihood of confusion did not preclude “fair use” defense since “it defies logic to argue that a defense may not be asserted in the only situation where it even becomes relevant”
• “While it is true that to the degree that confusion is likely, a use is less likely to be found fair, it does not follow that a determination of likely confusion precludes considering the fairness of use.”

Source: CourtListener parenthetical corpus (CC0).