What is the definition of “likelihood of confusion” in trademark infringement?
In South Carolina, the definition of “likelihood of confusion” in trademark infringement relates to the use of names, marks, symbols, slogans, or other devices used to identify or distinguish goods or services from another. The key element of this definition is that the two items must be similar enough that consumers will likely confuse the two and mistakenly believe that they are products or services of the same business. Generally, courts consider a variety of factors, such as similarity in sound, appearance, and overall commercial impression, as well as the similarity of the products and services offered. When determining the likelihood of confusion in trademark infringement cases, the court will typically focus on the likelihood that the public will associate the services or products of one business with those of another. This can include the use of similar names, logos, or other indicators which could lead to confusion. Additionally, the court will consider the intended purpose of the mark, the marketing and advertising associated with the mark, and the geographical proximity of the businesses involved. In certain cases, the court may also consider evidence of actual customer confusion. Ultimately, the court will weigh all of these factors when making its determination of the likelihood of confusion in trademark infringement.
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