An Opportunity For High Court To Clarify Trademark Issue

By Mansi Parikh (July 23, 2018, 1:22 PM EDT) -- The Lanham Act is a federal statute enacted in 1946 to prevent trademark infringement, trademark dilution and false advertising. The Lanham Act's likelihood of confusion test is the bulwark for trademark infringement cases. In particular, the act provides that "[a]ny person who ... uses in commerce any word, term, name, symbol, or device, or any combination thereof ... which ... is likely to cause confusion or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, ... shall be liable in a civil action"[1] In order to determine whether a trademark is likely to cause confusion or mistake as to the origin of the goods or services in the mind of an average consumer, the courts generally look at the DuPont factors, articulated by the Federal Circuit in In re E. I. DuPont de Nemours & Co.[2]...

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