Initial Interest Confusion

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Initial Interest Confusion

Subjects > Law > [Intellectual Property]?Create > Trademarks

• Civil Jury Instructions 18.15 on Likelihood of Confusion Factors and Sleekcraft Test
  
• Comments On Civil Jury Instructions On Initial Interest Confusion
  • Covers issues like likelihood, alternatives to source confusion, similarity of marks, actual confusion, sleek craft factors, celebrity endorsement confusion, internet service cases

• [EFF Friend of the Court Brief on Initial Interest Confusion]
  • EFF and its 11,000 dues-paying members have a strong interest in assisting the courts and policy-makers in striking the appropriate balance between intellectual property andthe public interest. Because this case may call on this Court to address theproper scope of the initial interest confusion doctrine on the Internet, adoctrine of critical interest to consumers and technology innovators, EFFbelieves it may have a perspective to share that is not represented by theparties to this appeal, neither of whom directly represents the interests ofconsumers or the public interest generally.

• Ira Rothken and Techfirm.com

• [Meta-Tags, Hidden Text, and Initial Interest Confusion] - A new wave of trademark infringement cases that owners and operators of websites should know about
• [Initial Interest Confusion Doctrine - A Judicially Created Hangnail]
  • See generally 15 U.S.C. §§ 1114, 1125.
  • Cybergriping - [Your Trademark Sucks Dot Com]
    • sale on its web site of an antiabortion book and its attempt to harm plaintiff commercially were enough to satisfy the commercial use requirement of the FTDA. and sales of items and links to other commercial sites supported an unlawful finding under the FTDA
    • For the minimal yearly cost of a domain name, trademark owners should consider preempting potential gripesites by registering derogatory variations of its name and mark before anyone else does.

• [Regulating Relevancy - Initial Interest Confusion and the Internet]
• [INITIAL INTEREST CONFUSION IN TRADEMARK DISPUTES]- Ivan Hoffman, B.A., J.D.
  • [Keywords, Meta Tags, and Trademarks]
    • One of the areas of potential trademark infringement that is peculiar to the Internet is the use of marks within the body of the meta tag section of the source code of a writer web site. Part of the meta tag are the keywords, used by search engines to locate sites in the vastness of the Internet. Thus, the manner in which such keywords are created and used in the meta tag section can often make the difference between being found at all on the Net or where, within the search results, your site pops up. However, the use of trademarks in the keywords can present legal issues for the site, the site’s designer and the trademark owner.
    • Confusion in the minds of site visitors
    • Diversion of web traffic
• [Initial Interest Confusion: Dispelling Some of the Confusion] - Article from Massachusetts Lawyers Weekly, August 23, 2004
  • the doctrine of “initial interest confusion” (IIC) has not been universally embraced.
  • The IIC doctrine permits a finding of infringement in a case involving confusion that is only temporary, that is, where any confusion is dispelled before a purchase is made.
  • IIC claims have been made not only in connection with domain names, but also with hidden Web site codes called metatags (which are used by search engines like Google to match keywords with relevant Web sites).

Could this be an example of Initial Interest Confusion: * Free Mobile 411 Service Attempts To Get Users To Call A Different Company Than The One They Were Calling For

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