When evaluating a claim for trademark infringement or unfair competition under the Lanham Act, courts consider whether or not the use of the mark is likely to cause confusion. However, courts seem to sometimes disagree on whose confusion is important, leading to questions about the purpose of the Lanham Act, and how such cases should be presented. Schnader attorneys Ronald Ventola II, W. Drew Kastner, Stephenie Yeung, and Andrew Chou examined these issues in " In Third Circuit, All Confusion Is Relevant in Trademark Cases" for the New Jersey Law Journal published on September 8, 2015.
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