17 Seconds #60 – A Publication For Clients And Other VIPs Of Clocktower.
In short, confusion is likely when:
- the goods/services are close enough,
- the trademarks are close enough, and
- the markets are close enough.
For example, imagine that one company makes a product called ACME SHOE STRETCHER that is used by shoe manufacturers to pre-stretch leather on the shoe assembly line. The product costs $50,000 and is sold exclusively at trade shows.
Now imagine that a second company has a product call the ACME SHOE FETCHER that is a piece of plastic that attaches to slippers so that a dog can fetch the slippers without gumming them up. The product costs $1.99 and is sold via infomercials.
- The goods are both shoe-related.
- The trademarks are nearly identical.
- But the markets are completely different.
So no likelihood of confusion.
The “moron in a hurry” test (yes, that’s its name) basically says that if a moron in a hurry is likely to be confused by two products, then confusion is likely. (As an aside, I can never tell if the presence of a confused moron amounts to “passing” or “failing” the test, but you get the point.)
This is, of course, an oversimplification of the law, but like art, trademark lawyers know “likelihood of confusion” when they see it!
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[EDITOR’S NOTE: In the summer of 2025, Clocktower Intern Mark Magyar used artificial intelligence (AI) software to shorten over 100 Clocktower articles by 17%. The shortened articles are included as comments to the original ones. And 17 is the most random number (https://www.giantpeople.com/4497.html) (https://www.clocktowerlaw.com/5919.html).]
* Drawing That Explains Trademark Likelihood Of Confusion
17 Seconds #60 – A Publication For Clients And Other VIPs Of Clocktower.
In short, confusion is likely when:
the goods/services are close enough,
the trademarks are close enough, and
the markets are close enough.
Example: One company sells ACME SHOE STRETCHER—a $50,000 machine for shoe manufacturers, sold only at trade shows.
Another sells ACME SHOE FETCHER—a $1.99 plastic piece for slippers so dogs can fetch them, sold via infomercials.
Goods: both shoe-related.
Trademarks: nearly identical.
Markets: completely different.
Result: no likelihood of confusion.
The “moron in a hurry” test (yes, real name) says that if a hurried moron would confuse them, confusion is likely. (I still don’t know if that’s “passing” or “failing” the test, but you get it.)
Trademark law is nuanced, but like art, lawyers know “likelihood of confusion” when they see it!