What is the definition of “likelihood of confusion” in trademark infringement?
In California, “likelihood of confusion” is a legal term used to determine whether or not trademark infringement has occurred. It is the situation in which a person’s consumption of two or more different goods or services is likely to be confused by the average consumer. In other words, a “likelihood of confusion” occurs when a person believed that two or more different goods or services are related to the same company or source. When determining whether or not a trademark infringement has occurred, courts will consider different factors like similarity of the marks, strength of the mark, proximity of the goods or services, the likelihood of expansion in the market, actual confusion, and the intent of the trademark owner. Courts generally look at the overall picture when determining whether or not there is a “likelihood of confusion.” The “likelihood of confusion” is a key factor that courts consider when determining whether or not a violation of California’s unfair competition law has occurred. The “likelihood of confusion” leads to a ruling that can potentially result in a cease and desist order, an injunction, a damages award, and other remedies. In other words, the “likelihood of confusion” can potentially lead to serious repercussions for those who are found to be in violation of the law.
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