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Trademarks Class 13. Abandonment by nonuse Likelihood of confusion. Silverman v. CBS. abandonment = “intent not to resume use within the reasonably foreseeable future”
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Trademarks Class 13 Abandonment by nonuse Likelihood of confusion
Silverman v. CBS • abandonment= “intent not to resume use within the reasonably foreseeable future” • this makes sense: “This standard is sufficient to protect against the forfeiture of marks by proprietors who are temporarily unable to continue using them, while it also prevents warehousing of marks, which impedes commerce and competition.” [365-66]
How to avoid abandonment • “A proprietor who temporarily suspends use of a mark can rebut the presumption of abandonment by showing reasonable grounds for the suspension and plans to resume use in the reasonably foreseeable future when the conditions requiring suspension abate.” • “But a proprietor may not protect a mark if he discontinues using it for more than 20 years and has no plans to use or permit its use in the reasonably foreseeable future. A bare assertion of possible future use is not enough.” [367]
Estee Lauder v. Old Navy “The issue of likelihood of confusion turns on whether ‘numerous ordinarily prudent purchasers are likely to be misled or confused as to the source of the product in question because of the entrance in the marketplace of defendant’s mark.’ ” [380]
Possible confusion not enough “The test, however, is not whether confusion is possible; nor is it whether confusion is probable among customers who are not knowledgeable. Rather, the test . . . is whether confusion is probable among numerous customers who are ordinarily prudent.”[382]
