1st Circ. Ruling Clarifies Limits Of 'Actual Confusion'
September 3, 2008, 12:00 AM EDT
Law360 (September 3, 2008, 12:00 AM EDT) -- Likelihood of confusion has long been the lodestar of trademark infringement analysis. Among the evidence considered in such an analysis, so-called "actual confusion" evidence is routinely seen as the best evidence of a likelihood of confusion, such evidence having been deemed "highly probative, if not conclusive, of a likelihood of confusion."
However, in Boston Duck Tours LP v. Super Duck Tours LLC, 531 F.3d 1, 87 U.S.P.Q.2d 1385 (1st Cir. June 18, 2008), the First Circuit articulated important limits regarding evidence of actual confusion in a...