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When evaluating a claim for trademark infringement or unfair competition under the Lanham Act, courts consider whether or not the use of the mark is likely to cause confusion.
When evaluating a claim for trademark infringement or unfair
competition under the Lanham Act, courts consider whether or not
the use of the mark is likely to cause confusion. However, courts
seem to sometimes disagree on whose confusion is important, leading
to questions about the purpose of the Lanham Act, and how such
cases should be presented. Schnader attorneys Ronald
Ventola II, W. Drew Kastner,
Stephenie Yeung, and Andrew Chou
examined these issues in "
In Third Circuit, All Confusion Is Relevant in Trademark
Cases" for the New Jersey Law Journal
published on September 8, 2015.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.