Empirical Analysis Of Australian Trademark Infringement Decisions: Implications For The U.S. Trademark Use Debate


In the U.S., under the Lanham Act, to establish infringement of a registered mark under section 32 or an unregistered mark under section 43, the plaintiff must show ownership of a valid mark and that the defendant’s use of the mark in connection with goods or services causes a “likelihood of confusion.” With regard to infringement, the likelihood of consumer confusion has been called “the litmus test” or “touchstone” for establishing trademark liability.