What is the definition of “likelihood of confusion” in trademark infringement?

In Washington, the definition of “likelihood of confusion” in trademark infringement is the potential for a consumer to be confused about who is making or providing a good or service due to the similarity in the marks being used. The court considers several factors when deciding if there is a likelihood of confusion, such as the similarity of the marks, the relatedness of the goods or services, the strength of the mark, the marketing channels used, the intent of the infringer, and likelihood that the prior owner will bridge the gap. In trademark infringement cases, the courts will typically not consider whether or not the accused infringer had bad intentions when choosing a mark that is too similar to the plaintiff’s mark. If a court finds that there is a likelihood of confusion, it will then decide whether or not the likelihood of confusion is sufficient to prevent the accused infringer from using their chosen mark. Generally, if there is a likelihood of confusion, the accused infringer must cease using their mark and may be liable for damages or losses the plaintiff may have incurred due to their use. Unfair competition law in Washington is designed to protect businesses from confusing consumers and potentially damaging the goodwill of their brand or trademark. If there is a likelihood of confusion in a trademark infringement case, the court will decide if the accused infringer should cease using their mark and potentially pay damages to the plaintiff.

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What is the definition of “likelihood of confusion” in trademark infringement?

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