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Simple English definitions for legal terms

likelihood of confusion

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A quick definition of likelihood of confusion:

The term "likelihood of confusion" refers to a situation where someone uses a trademark that is very similar to an existing trademark. This can cause confusion among customers who may think the products or services are related. To determine if there is a likelihood of confusion, courts consider factors such as how similar the marks are, how similar the products or services are, and if there has been any actual confusion. Different courts have different standards for determining likelihood of confusion, but it is generally considered a question of fact.

A more thorough explanation:

Likelihood of confusion is a legal term used in trademark cases. It refers to the possibility that a person's use of a trademark may cause confusion with an already existing trademark. When deciding whether there is a likelihood of confusion, courts consider various factors such as:

  • The similarity of the marks in their appearance, sound, and meaning
  • The similarity of the goods or services the marks represent
  • The similarity of the trade channels
  • The circumstances and buyers in the sale of the products
  • The popularity of the existing mark
  • The number and nature of similar marks used for similar goods or services
  • The extent of any actual confusion
  • The intention of the party owning a newer mark

The standards for determining whether a trademark creates a likelihood of confusion vary among the circuit courts. Some courts consider it a question of law, while others consider it a question of fact. In either case, the court must determine whether there is a clear mistake in the lower court's decision.

For example, if a company called "Apple" started selling computers, it would likely cause confusion with the existing trademark of "Apple" used by the technology company. This is because the marks are similar in appearance, sound, and meaning, and both companies sell technology products.

Similarly, if a new restaurant opened up called "McRonald's" and used a logo that looked similar to the golden arches of McDonald's, it would likely cause confusion among customers. This is because the marks are similar in appearance and both companies sell fast food.

These examples illustrate how the likelihood of confusion can arise when a new trademark is too similar to an existing one, and how it can negatively impact the original trademark owner's business.

like-kind property | Lilly Ledbetter

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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