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It provides that the registrant may enjoin only that concurrent use which creates a likelihood of public confusion as to the origin of the products in connection with which the marks are used.
The test for infringement of a federally registered trademark (Count I) and for false designation of origin (Count II) under the Lanham Act is whether the alleged infringing act creates a likelihood of confusion.
I agree with the Straphangers Campaign's assessment that a future fully automated subway system devoid of humans creates a likelihood for unreported criminal activity and is incompatible with the needs of New Yorkers ("For Future Subway Riders, Automation at the Station," news article, Jan . 31.
What Rescuecom alleges is that by the manner of Google's display of sponsored links of competing brands in response to a search for Rescuecom's brand name (which fails adequately to identify the sponsored link as an advertisement, rather than a relevant search result), Google creates a likelihood of consumer confusion as to trademarks.
And a patent acquisition that creates or enhances market power and creates a likelihood of anticompetitive effects will raise significant concerns.
Trademark infringement occurs when a person uses the trademark of another and creates a "likelihood of confusion" about the origin of the infringing persons goods.
Similar(54)
"Trademark infringement can result from conduct that doesn't necessarily create a likelihood of confusion at the point of sale.
Rather, it was the language of the 65,000 impressions, which referred to Plaintiff, that created a likelihood of confusion.
Consider the court's finding that the sex-toy manufacturer created a likelihood of confusion over the General Electric trademark.
The test: Does the use of a hashtag create a likelihood of association or confusion with the products or services of a trade mark owner?
Trade mark law generally protects the trade mark owner against use of its trade mark without permission in a way that may create a likelihood of confusion or association with other similar products or services.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com