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NOTE SEARCHING FOR CONFUSION THE INITIAL INTEREST CONFUSION DOCTRINE AND ITS MISAPPLICATION TO SEARC

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The document discusses the initial interest confusion (IIC) doctrine in trademark law, particularly its misapplication to internet contexts such as domain names, metatags, and search engine sponsored links. It critiques how courts have extended this doctrine beyond its original purpose, arguing that it leads to unnecessary restrictions on competition and consumer choice online. The author advocates for a return to traditional trademark analysis, emphasizing that the IIC doctrine is no longer necessary due to statutory protections like the Anticybersquatting Consumer Protection Act (ACPA) and changes in how search engines operate. The conclusion calls for a reevaluation of the IIC doctrine's relevance in light of evolving internet practices.

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What are the elements of likelihood of confusion?

The most important element of the likelihood of confusion analysis is a comparison of the appearance, pronunciation, meaning, and commercial impression of the respective marks.

What is the Doctrine of reverse confusion?

Reverse confusion occurs when a large junior user saturates the market with a trademark similar or identical to that of a smaller, senior user.

What is the doctrine of initial confusion?

Initial interest confusion is a legal doctrine under trademark law that permits a finding of infringement when there is temporary confusion that is dispelled before the purchase is made. Generally, trademark infringement is based on the likelihood of confusion for a consumer in the marketplace.

What is the Doctrine of likelihood of confusion?

The likelihood of confusion between design marks is determined based on the similarity of their visual presentation. No one usually views marks side-by-side and the recollection of marks is very general. Therefore, visually similar marks can be confusing even if they constitute completely different goods and services.

What is the Doctrine of confusion?

What is the Confusion Doctrine? The Confusion Doctrine is a judicially created rule that excludes a licensees refusal to submit to a breath test if the licensee believed they had the right to consult with counsel before taking the test.

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What is the Doctrine of first discovery?

The Doctrine of Discovery was used by European monarchies, beginning in the mid-fifteenth century, as a means of legitimizing the colonization of lands outside of Europe. It was issued in 1493, the year after Christopher Columbus arrived on the shores of what is now known as North America.

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