Legal Argument: Likelihood of Confusion (Fifth Circuit/Plaintiff) | Practical Law

Legal Argument: Likelihood of Confusion (Fifth Circuit/Plaintiff) | Practical Law

A Standard Clause setting out a sample legal argument in favor of a likelihood of confusion finding for use by a trademark owner claiming infringement in a case where Fifth Circuit law applies. It includes case support and can be incorporated into legal briefs supporting court filings, opinion memoranda for clients, cease and desist correspondence, or any other substantive documents addressing the likelihood of confusion issue. This Standard Clause has integrated drafting notes with important explanations and drafting tips and must be modified to fit the circumstances of the allegedly infringing use and the facts of the case.

Legal Argument: Likelihood of Confusion (Fifth Circuit/Plaintiff)

Practical Law Standard Clauses w-040-0933 (Approx. 24 pages)

Legal Argument: Likelihood of Confusion (Fifth Circuit/Plaintiff)

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A Standard Clause setting out a sample legal argument in favor of a likelihood of confusion finding for use by a trademark owner claiming infringement in a case where Fifth Circuit law applies. It includes case support and can be incorporated into legal briefs supporting court filings, opinion memoranda for clients, cease and desist correspondence, or any other substantive documents addressing the likelihood of confusion issue. This Standard Clause has integrated drafting notes with important explanations and drafting tips and must be modified to fit the circumstances of the allegedly infringing use and the facts of the case.