Recently, the Fourth Collegiate Court on Administrative Matters of the First Circuit issued a case decisionentitled “Trademarks. Addressing differences and similarities is necessary for their review.” In such decision,the court determined that in order to find that a trademark is used by a business entity to induce the confusion,deception or error of the consumer, a complete review of all trademarks at issue is necessary in order to identifytheir differences and similarities. This is because it is the similarities between the trademarks that generateconfusion, as they may induce the consumer to believe that the products covered by the trademark in question areprotected under the authorization or license of a third party titleholder of another trademark that is similar insome aspects.
Recent Case Decision- Trademarks. Confusion of the Public Consumer
October 8, 2011