Confusion between related products: If one product is offered under a mark similar or identical to another, and the products would be confused by the buying public if sold under the same mark, an infringement can be found.
Examples from actual infringement cases include Slick craft and sleek craft boats, Bonamine and Dramamine medications, Pledge and Promise cleaners, and Duron and Durox paints.
Confusion as to source: Confusion can also be found when the same or similar mark is applied to different types of goods. One early case, involving Borden milk and Borden ice cream, was deemed to be non-infringing in 1912; in more recent years, such cases have routinely led to findings of infringement.
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Confusion as to sponsorship:
Even where consumers are unlikely t0 be confused as to source, they may be confused as to sponsorship. Team logo merchandise is a common example; consumers may expect that they are supporting the New York Yankees by purchasing a Yankees cap.
Initial interest confusion:
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Sometimes, famous marks are used to lure consumers to different businesses. “Cyber squatting” by registering a well-known trademark as a domain name is one well-known example
Another is the use of Meta tags to fool search engines: a little-known adult Web site may attempt to attract visitors by showing up in web searches for more well-known adult entertainment franchises.
Both activities can be considered trademark infringement by confusion Post-sale confusion. Post- sale confusion is often used to find infringement in counterfeit goods, such as fake watches and handbags.
While the purchaser is likely to understand that they are buying a counterfeit product, the aim is to confuse others into thinking the product comes from a different source.
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Reverse confusion:
Although confusion cases generally involve a little-known business using a well-known mark, confusion can also be found when a well-known business uses a little-known mark.