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Simple English definitions for legal terms
colorable imitation
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A quick definition of colorable imitation:
A colorable imitation is a mark or work that looks very similar to a registered mark or copyrighted work, even if it wasn't made to deceive. This can cause confusion or mistakes for people who are buying things. The amount of similarity needed to be considered infringement depends on the product and how careful the buyer is expected to be. There are different types of similarity, like comprehensive nonliteral similarity, fragmented literal similarity, and substantial similarity.
A more thorough explanation:
Definition: A mark that resembles a registered trademark and is likely to cause confusion or mistake, even if it was not created with the intent to deceive.
Examples:
- A company creates a logo that looks very similar to a well-known brand's logo, using similar colors and shapes. This could be considered a colorable imitation.
- A musician writes a song that sounds very similar to another artist's hit song, even though the lyrics and melody are not exactly the same. This could also be considered a colorable imitation.
These examples illustrate how a mark or work can be considered a colorable imitation if it closely resembles another, even if it was not intentionally created to deceive consumers or copy another's work exactly. The standard for determining whether a mark or work is a colorable imitation depends on the nature of the product and how much care the typical buyer would be expected to take in making the selection in that particular market.