[autoresponder]

Correct an affirmative defense is required or the defendant loses.

Period.

In civil lawsuits only a preponderance of evidence is required by law and the jury does not have to find for the plantiff 100% of the jurors as is required in criminal cases.

[drlevy88]

Are you asserting that excerpt I posted from Harvard is incorrect? While IANAL, I don't see how it could be put much more simply. Are you saying Fox can win by just coming into court and accusing Agitproperties of creating customer confusion?