Renamed Professional Association

Market Analysis                

False Advertising/Confusion

Secondary Meaning

Trademark Confusion

  • Renamed professional association results in marketplace confusion

    A professional association operating in the United States and Canada alleged that a competing professional association had infringed their registered mark when the competitor re-named its organization.  Initial qualitative interviews in vivo revealed that professionals who were members or likely members of these associations considered there to be some affiliation between the organizations based on the similarity in the marks.  An online survey was conducted using appropriate control conditions and surveying the appropriate affected population.  The findings revealed significant levels of net confusion between the two marks.  A favorable settlement was reached prior to trial.

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