Sense and Nonsense in Measuring Sponsorship Confusion
47 Pages Posted: 27 Sep 2005
Date Written: September 12, 2005
Section 43 of the Lanham Act prohibits false or misleading misrepresentations of fact that are likely to cause confusion, or to cause mistake, or to deceive as to the sponsorship or approval of goods or services. Examination of case law reveals emerging disagreement across courts on what needs to be assessed when measuring such "sponsorship" confusion. Various issues, including the logic underlying such measurement, are discussed. In the process, the author explains why, from the perspective of both science and law, one approach accepted by courts makes sense while another does not.
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