If a patent or trademark is so similar to one that is already registered to the point of confusing consumers, it can be a cause for an intellectual property lawsuit. Litigators can hire expert witnesses to give an expert opinion on the likelihood of confusion between two trademarks or two products. Patents and trademarks are registered and used as a way of differentiating one company from another, meaning that a similarly used or designed patent or trademark, such as a corporate logo, product, service, slogan, or name, may cause confusion among consumers into thinking that the different companies are the same or somehow connected. Such similarities would be a case of trademark infringement and violation of copyright law.
When a company plans a marketing campaign, it is very important that the use of imagery and other promotions utilized in advertising do not infringe on preexisting trademarks. Such violations can be cause for deceptive advertising, as it presents false links with other companies and branding
Experts with a thorough understanding of how to evaluate a likelihood of confusion are also knowledgeable in other areas of patent and trademark laws, including marketing, brand development, advertising and sales, licensing, packaging, intellectual property, product design, and brand identity.
Likelihood of confusion is an important signifier in identifying cases of patent or trademark infringement. Contact us today or Submit An Expert Request Form for further information on retaining the right “likelihood of confusion” expert witness for your intellectual property case.