In discussing a recently filed trademark infringement case, Pierce Atwood Trademark Practice Group partner Jonathan M. Gelchinsky noted that the courts look at the “likelihood of confusion” during trademark litigation. Jon stated, “It’s not whether actual consumers have been confused, but whether they’re likely to be confused.”
If a plaintiff can present evidence that a consumer was actually confused, that would help their case. “Actual confusion is very good evidence that there’s a likelihood of confusion,” Jon added.
The Pennsylvania Record covers that state’s legal system, and focuses on civil actions in Pennsylvania courts.