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

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Dec 08, 2022 378 likes •432 views

Creative confusion theories (other than confusion Trademark Law as to source) (are these forms of irrelevant confusion?): Prof. Madison 1. Initial interest confusion: The defendants (junior) use of the mark attracts consumers to

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Trademark Law

Prof. Madison

Key concepts from Class 15: Legal rules and concepts as tools for problem solving. Mark X for Product (Service) Y. Classic or descriptive fair use. Competition interests and consumer interests. Good faith. Creative “confusion” theories (other than confusion as to source) (are these forms of “irrelevant confusion”?):

1. Initial interest confusion: The defendant’s (junior)

use of the mark attracts consumers to the defendant’s goods/ services, but any resulting confusion is dispelled before the consumer buys anything.

2. Post-sale confusion: The defendant’s (junior) use
f the mark confuses non-purchasers as to the

source of the mark (which has been copied without permission), rather than the source of the good or service.

Multi Time Machine, Inc. v. Amazon.com, Inc. (9th Cir. 2015)

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But there is no Coke (or Diet Coke, etc.) … only Pepsi.

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“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)

Formerly in Jeannette, PA. Infringing? Why?

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

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