Confusion, risk of, likelihood of

A key factor in showing that a non-identical brand name, logo, or other item infringes a trademark. If the trademark owner can show that consumers might be confused into believing that the trademark owner was the source of the infringing product, an injunction may be secured. Risk or likelihood of confusion is usually shown with market surveys, which can be expensive to carry out; once brought to court, the methodology of such surveys will be closely considered by the judge, who may, if unhappy with the fairness and reliability of the survey, rule it inadmissible. Confusion is not an issue in counterfeiting cases.

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