Friday, January 12, 2007 Trademark myth: colorable imitation By Clint Fabiosa & Andrew Ong I.Protect
The standard for trademark infringement is “colorable imitation,” which is defined by the courts as “such a close or ingenious imitation as to be calculated to deceive ordinary purchasers.”
A mark therefore need not be identical to a certain registered trademark to be an infringement thereof. It is enough that a mark causes a likelihood of confusion with another mark to be infringing.
Subtle changes in spelling (SONI rather than SONY) and presentation, such as run-on words not two words (Burger King rather than BurgerKing), are as meaningless as the addition of a trivial or generic term. Confusion can result if marks look, sound or mean alike. If the mark is used on “related” goods, confusion is likely.
