What is the definition of “likelihood of confusion” in trademark infringement?
In Massachusetts, the definition of “likelihood of confusion” is an important factor when considering cases of trademark infringement. This term refers to when two similar marks or products are used in a way that leads to confusion amongst consumers. To determine if there is a likelihood of confusion, courts will look at several factors, such as: the similarity of the marks, the proximity of the goods or services, the strength of the trademark’s distinctiveness, the marketing channels used, the type of customer involved, and any evidence of actual confusion by consumers. When assessing these factors in a trademark infringement case, courts will consider the overall impression that the marks and products create and analyze if there is a potential for confusion amongst consumers. For example, if two products have a similar name or logo and are sold in the same type of store, a court may decide that there is a likelihood of confusion, as customers may expect them to be the same product or related to each other. When the court decides that there is a likelihood of confusion, the trademark owner may be able to pursue a claim of trademark infringement and receive compensation for any damage caused. In Massachusetts, a court may award monetary damages, an order of injunctive relief to stop the infringement, or both.
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