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| March 2009 |
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| The Role of Disclaimers in Avoiding Trademark Infringement |
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Liisa M. Thomas
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Robert H. Newman
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This article first appeared in the Volume 64, No. 6, March 2009 issue of the INTA Bulletin: The Voice of the International Trademark Association. It is reprinted here with the publisher's permission.
Trademark infringement occurs when the use of a trademark in connection with the sale of goods or services is likely to result in consumer confusion as to the source, affiliation, sponsorship or approval of those goods or services. However, if a party uses another’s trademark in a way that does not deceive the public, there can be no trademark infringement because a trademark owner has the right to prohibit only uses of its mark that are likely to result in consumer confusion. |
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