{"id":5023,"date":"2016-04-04T10:47:54","date_gmt":"2016-04-04T15:47:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/proving-infringement-confusing-similarity.html"},"modified":"2024-05-22T03:12:03","modified_gmt":"2024-05-22T08:12:03","slug":"proving-infringement-confusing-similarity","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/proving-infringement-confusing-similarity.html","title":{"rendered":"Proving Infringement: Confusing Similarity"},"content":{"rendered":"\n
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Proving Infringement: Confusing Similarity<\/h1>\n
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An important part of trademark law<\/a> is whether two marks are confusingly similar to customers. This issue is frequently the key dispute in a trademark infringement case. If you believe somebody has copied your mark, or if somebody has accused you of copying their mark, you will want to meet with a trademark lawyer to determine the best way to protect your mark<\/a>.<\/p>\n

It’s important understand what "confusingly similar" means, so that when you see another mark just like yours, or close enough, you will be able to look at it critically. Note that trademark law applies equally to service marks, so these guidelines will still be helpful; just substitute in the word "service" for "product" or "item." The issue is whether there is a "likelihood of confusion<\/a>." This means that customers will probably be confused between the two marks.<\/p>\n

Infringement Factors<\/h2>\n

The following checklist is meant to help you determine whether your trademark may have been infringed.
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