What is the definition of “likelihood of confusion” in trademark infringement?
The likelihood of confusion is a legal concept used in trademark infringement cases in the state of Georgia. It is an element that must be proven in order to prevail in a case. In simple terms, it is the chance that goods or services from different companies are so similar that a customer may confuse them. In order for a plaintiff to succeed in trademark infringement, they must show that the defendant’s actions are likely to cause confusion for consumers. In Georgia, the factors used to evaluate the likelihood of confusion include the similarity between the parties’ marks, the similarity of the parties’ products or services, the similarity of the parties’ trade channels and the strength of the plaintiff’s mark. The similarity of the marks refers to how similar the words used in each mark are, and the similarity of products refers to how similar the products are in their overall presentation and use. The similarity of the trade channels looks at how closely the selling environment is in both companies and the strength of the plaintiff’s mark is based on how much recognition that mark has garnered in the marketplace. If the decision-maker finds that the plaintiff has successfully proven that there is a likelihood of confusion, they would then be able to recover damages from the defendant in the form of remedial measures, such as cease and desist orders, or monetary damages.
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