What is the definition of “likelihood of confusion” in trademark infringement?
In Wisconsin, the definition of “likelihood of confusion” in trademark infringement is the likelihood that consumers will be confused about the source of the goods or services being offered. In other words, the use of a mark in a certain way can mislead consumers into thinking that the product or service originates from a business that it does not actually belong to. The most commonly used example is if a business uses the same name, logo, or slogan as another business in the same industry, and this results in consumer confusion. The concept of “likelihood of confusion” is an important part of unfair competition law in Wisconsin. This means that businesses are not allowed to use marks that can mislead consumers into thinking that the goods or services being offered come from a different business. Even if a business is not making any direct sales, if they use a mark that is likely to confuse customers, then they can be held liable for trademark infringement. If a business believes that another business is using a mark that is likely to cause confusion among customers, then they can file an unfair competition lawsuit against the other business. In this situation, the court will evaluate the mark in question and decide whether it is likely to cause confusion. If the court finds that the mark is likely to cause confusion, then the other business will be liable for trademark infringement.
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