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confusingly similar
(redirected from Confusing similarity)

   Also found in: Wikipedia 0.01 sec.

confusingly similar adj. in the law of trade marks, when a trade mark, logo or business name is so close to that of a pre-existing trade mark, logo or name that the public might mis-identify the new one with the old trade mark, logo or name. Such confusion may not be found if the products or businesses are clearly not in the actual or potential product markets or geographic area of the other.



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The judge confirmed that the bubbles themselves were distinctive enough to qualify for trade mark protection and that there was some confusing similarity caused by 3's use of the bubbles.
If your case involves garden-variety infringement--which is to say, a case involving confusing similarity about which reasonable minds could differ--you must pursue the matter through IMPI.
The Second Circuit added that, in assessing the similarity of the marks at issue, "Courts should keep in mind that the law requires only confusing similarity, not identity" between the marks and that a side-by-side comparison is not the appropriate standard.
 
 
 
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