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Trademark Litigation – Proving Likelihood of Confusion

In trademark litigation, it is the plaintiff’s burden to plead and prove validity of the trademark and infringement by defendant.  For trademark infringement, the test is “likelihood of confusion.”  The likelihood of confusion test for trademark infringement is used in both common-law and also statutory infringement.  What exactly is the likelihood of confusion test?  Simply [...]

Trademark Litigation – Proving Likelihood of Confusion2021-02-22T18:43:26+00:00

The Economic Functions of Trademarks

From an economic standpoint, a trademark is a source identifier that allows consumers to identify goods or services that have been successful (or have a good reputation) and reject goods or services that have failed (or have a bad reputation).  Trademarks promote economic efficiency in the marketplace in at least two ways: (1) trademarks encourage [...]

The Economic Functions of Trademarks2021-02-11T20:12:59+00:00