You provide professional services in the Chicago area, and recently learned that a logo that you have been using on your website and marketing materials is similar to a mark that has been trademarked by another entity. Under federal trademark law, an individual/entity that uses in commerce a mark that is the same or similar to another registered mark may be liable for infringement if that use is “likely to cause confusion, or to cause mistake, or to deceive.” 15 U.S.C. § 1114(1)(b). You know that courts have adopted tests for ascertaining the likelihood of confusion.
Still in Lexis, locate the publication titled Trademark and Unfair Competition Law, and open, under Chapter 6 (Infringement), section 6B. dealing with “likelihood of confusion.” Chicago is situated in the Seventh Circuit in the federal court system. Does the chapter direct you to a case that outlines factors considered by courts in your circuit? What are the relevant factors outlined in that opinion (as stated in the trademark treatise)?
