What is the definition of “likelihood of confusion” in trademark infringement?
In North Carolina, the definition of “likelihood of confusion” in trademark infringement is an assessment of whether or not consumers would be misled or confused about the source of a good or service due to a similarity between a protected trademark and an infringing mark. The likelihood of confusion is determined by evaluating eight factors - the strength of the trademark, the similarity between the trademark and the infringing mark, the similarity of the goods or services, the similarity of the marketing channels, the likely care and attention of consumers when purchasing the goods or services, the defendant’s intent, evidence of actual confusion, and the likelihood of expansion of the product lines. For example, in a trademark infringement case, the court might consider the similarities and differences between two logos side-by-side. If the logos are very similar, it would be likely that the court would find that there is a likelihood of confusion - that is, that consumers seeing the logos would be confused about the source of the good or service. In determining whether there is a likelihood of confusion, courts are not concerned with whether a consumer would actually be deceived by the trademark, but rather whether there is a risk of confusion as to the origin of the product or service. As a result, it is possible for the court to find that there is a likelihood of confusion even where the two marks are not identical.
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