Frequently Asked Questions

In a trademark case, the burden of proof lies with the plaintiff, who must demonstrate that the defendant's use of a similar mark is likely to cause consumer confusion.

This involves proving ownership of a valid trademark, active use of the trademark in commerce, and the likelihood that consumers will be confused about the source of goods or services due to the defendant's similar mark.

To support their case, the plaintiff may present evidence such as market surveys, expert testimony, and instances of actual consumer confusion.

The goal is to show that the similarities between the two marks are substantial enough to mislead consumers.