Chapter 13

Likelihood of Confusion: The Acid Test


Protection of trademarks has a very concrete meaning. Under federal law, common law, and state statutes, a trademark owner can prohibit the use of the same or a confusingly similar mark. Injunctive relief can be secured to order the cessation of use and the destruction of offending merchandise. The trademark owner is also allowed to trace profits of the infringer and obtain lost revenues. Sometimes, the monetary elements are hard to determine; however, if a sale has been made by the infringer or the trademark owner's ongoing business has suffered a decline in funds, then the connection is arguably there. It would be up to the infringer to justify that the relationship to its gain and the owner's ...

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