The test for trademark infringement is whether the consuming public would be confused as to the source or origin of the goods or services. Factors that can cause (or mitigate against) likelihood of confusion include the similarity of the marks; the uniqueness of the words or phrases in question employed in the respective marks; the channels of trade in which the two respective marks are used and the products or services are offered or provided; the sophistication of the consumer; and the amount of thought or study that the consumers would employ prior to purchasing a given product. These factors can assist in determining whether the two marks are confusingly similar. Situations like yours can be fact sensitive. There may be evidence of actual confusion or other facts that increase (or decrease) the likelihood of confusion.
Answered on Dec 02nd, 2011 at 10:30 PM