What is the definition of “likelihood of confusion” in trademark infringement?
In Kansas, the definition of “likelihood of confusion” in trademark infringement is the confusion of customers or potential customers in the marketplace. It is based upon the potential of a customer to be wrongly convinced that a product or service with a specific name or brand is provided by a different entity than they had intended to buy from. To determine the likelihood of confusion, courts examine a variety of factors, such as the similarity of the infringing mark, the strength or recognition of the original mark, the similarity of products or services offered, the proximity of the products or services, any evidence of actual confusion, the defendant’s intent, and the likelihood of expansion in the marketplace. The likelihood of confusion is an important concept in trademark infringement law in Kansas because it helps to determine whether a trademark has been infringed upon. The courts will investigate the circumstances surrounding the infringement and use the factors listed above in order to make a determination. If the likelihood of confusion is determined to be sufficiently high, then the court may rule in favor of the trademark owner and order the infringer to pay damages or obtain an injunction against them. Ultimately, the courts look at the totality of the circumstances surrounding the mark in question to determine if confusion is likely.
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