Copyright Infringement/Dilution Research
Understanding public perceptions as they relate to the elements of a trademark infringement or dilution claim is vital to successful litigation. The Plaintiff has the burden of establishing that the defendant’s use of a mark is confusingly similar to their own, and that it will create a likelihood of confusion, mistake, or deception among the public. This is based on:
- Perceptions of the similarity of a mark or service.
- Perceptions of the strength of the Plaintiff’s mark.
- Perceptions of the intent of the defendant in adopting the mark.
- What degree of care does the average purchaser exercise?
- Perceptions of the likelihood of deceptive intent on the part of the defendant.
WPA’s research gives you an insight into both the jury’s and the general public’s perceptions of what factors create a likelihood of confusion.
