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initial interest 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. This likelihood is typically determined using a multi-factor test that includes factors like the strength of the mark and evidence of any actual confusion. However, trademark infringement that relies on Initial Interest Confusion does not require a likelihood of confusion at the time of sale; the mark must only capture the consumer’s initial attention.
A famous hypothetical example of Initial Interest Confusion, first discussed in ''Brookfield v West Coast Entertainment'',〔''Brookfield Communications Inc. v. West Coast Entertainment Corporation'', (174 F.3d 1036 ) (9th Cir. 1999).〕 involves two video stores. West Coast Video’s competitor, Blockbuster Video, puts a billboard on a stretch of highway advertising a West Coast Video at an upcoming exit. In reality, there is no West Coast Video at this exit; it is a Blockbuster Video instead. The consumer, expecting to find a West Coast Video store, sees the Blockbuster Video and decides to patronize the suitable replacement. Even though the confusion has been dispelled, Blockbuster is still misappropriating the acquired goodwill of West Coast Video’s trademark.
==History==
The Initial Interest Confusion doctrine has been applied by U.S. courts as early as 1975. However, with the appearance of the World Wide Web, Initial Interest Confusion claims have increased from 10 cases relying on the doctrine before 1990 to more than 100 between 1990 and 2005.〔Rothman, Jennifer E., ''(Initial Interest Confusion: Standing at the Crossroads of Trademark Law )'', 27 Cardozo Law Review 105 (2005).〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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