Trademark Law as to source) (are these forms of irrelevant - PowerPoint PPT Presentation

Creative “confusion” theories (other than confusion Trademark Law as to source) (are these forms of “irrelevant confusion”?): Prof. Madison 1. Initial interest confusion: The defendant’s (junior) use of the mark attracts consumers to the Key concepts from Class 15: defendant’s goods/ services, but any resulting Legal rules and concepts as tools for problem confusion is dispelled before the consumer buys solving. anything. Mark X for Product (Service) Y. 2. Post-sale confusion: The defendant’s (junior) use Classic or descriptive fair use. of the mark confuses non-purchasers as to the Competition interests and consumer interests. source of the mark (which has been copied Good faith. without permission), rather than the source of the 1 2 good or service. 3 4 Multi Time Machine, Inc. v. Amazon.com, Inc. (9 th Cir. 2015)

But there is no Coke (or Diet Coke, etc.) … only Pepsi. 1 2 3 4

“Post - sale” confusion? Or dilution (nb no dilution statute at this point)? Is the deft offering competitive goods, or not? Is the deft acting in bad faith? Ferrari S.P.A., Esercizio v. Roberts (6th Cir. 1991) 1 2 3 4 Formerly in Jeannette, PA. Infringing? Why?

Ferrari, S.P.A. sues the Ferrari Pizza Bar for trademark infringement. Discuss. 1 2 3 4