Question

Present and discuss the elements that a court would use to prove likelihood of confusion over the use of a trademark by an unauthorized user.

Answer 1

ELEMENTS THAT A COURT USE TO PROVE LIKELIHOOD OF CONFUSION OVER TRADEMARK-

Relatedness of goods and services- The connection between the similarity between two brand names are also important. For example- computer peripheral and computer software can attract similar customers, so the risk of confusion is higher.

The similarity in marks- Mark can similar in sound, same meaning, market place consideration. For example-

• Platinum Puff vs Platinum plus
• Maternally yours vs Your maternity shop

The similarity in appearance- In appearance and design mark can be too confusing. For example-

• Trucool Vs Turcool
• NEWPORTS Vs NEWPORT
• LUTEX Vs LUTEXAL

The similarity in sounds- Phonetic match between marks. For example-

• SEYCOS Vs SEIKO
• CRESCO Vs KRESSCO
• ENTELEC Vs INTELECT

The similarity in meaning- In describing meaning is the same. For example-

• CROSS-OVER Vs CROSSOVER
• PLEDGE Vs PROMISE

Design marks- Some times design are the same