the likelihood of consumer confusion.” Id. (emphasis added). Rock and Roll Hall of Fame supports the district court’s rejection of TeleScan’s fair use defense. A consideration of the eight “likelihood of confusion” factors leads to the conclusion that TeleScan’s use of PACCAR’s trademarks in its domain names creates a strong likelihood of confusion regarding the source of the web sites. Based on the above-quoted language from Rock and Roll Hall of Fame, such a conclusion establishes that TeleScan used the marks “Peterbilt” and “Kenworth” as trademarks, precluding the fair use defense. This is consistent with the view that a finding of a likelihood of confusion forecloses a fair use defense. See, e.g., Transgo, Inc. v. Ajac Transmission Parts Corp., 911 F.2d 363, 365 n. 2 (9th Cir.1990) (<HOLDING>); Zatarains, Inc. v. Oak Grove Smokehouse,
holding that fair use is an affirmative defense holding that the fair use defense is available only so long as such use does not lead to customer confusion as to the source of the goods or services holding that the nominative fair use factors replace the traditional sleekcraft factors for likelihood of confusion where nominative fair use is at issue recognizing nominative fair use as an affirmative defense to trademark infringement holding that nominative fair use is an affirmative defense to a prima facie case of likelihood of confusion similar to the fair use defense