Confusion due to Search Engine

Market Analysis                

• Judge Rules in favor of home appliance manufacturer in license dispute

False Advertising/Confusion

• Health products company succeeds in false advertising/trademark confusion case

Secondary Meaning

• Allegation of likelihood of confusion rests on erroneous assumption of secondary meaning of lapsed mark

• Consumer confusion and secondary meaning established at trial

Trademark Confusion

• Renamed professional association results in marketplace confusion

• Fashion knock-offs result in consumer confusion

• New brand introduction in healthcare industry results in consumer confusion

• Trade dress of over-the-counter dietary supplement blurs the distinction between house and national brands

Search Engine Issues

• Confusion due to search engine use of trademarked terms as keywords

  Companies that do business via the Internet often bid for keywords in seeking to optimize the likelihood that consumer will reach their sites when searching for the types of products and services that they may offer.  In some instances, third parties can acquire trademarked terms as keywords.  As a result, links appear in the “sponsored results” or “ads” section of the resulting search results page which when clicked would take the user to the third-party’s website and not to the website of the company whose trademarked term was used in the search.  Mind/Share conducted a field experiment that demonstrated that consumers were significantly confused by this practice and often believed that such sponsored result would take them to the trademark holder’s website when in fact the links would take them to the third-party’s website.  A favorable settlement was reached prior to trial.

• Contextual marketing practices confusing to consumers

Other Issues

• License-holder violates terms of license resulting in tarnishment of brand