Originally posted 2007-04-25 19:18:49. Republished by Blog Post Promoter

Eric Goldman’s Technology & Marketing Law Blog brings us up to speed on the “use in commerce” debate — whether a prima facie case of trademark infringement requires that there be “use in commerce” or whether that can be put aside and the focus be on LIKELIHOOD OF CONFUSION.

It’s quite literally academic — unless you’re the guy whose case gets tossed out because of a failure of “use in commerce.” So if you practice trademark law, and especially litigation, take a look at this.

By Ron Coleman

LIKELIHOOD OF CONFUSION blog author Ron Coleman is a member of Dhillon Law Group in their New York City and Montclair, New Jersey offices. He is a graduate of Northwestern University School of Law and Princeton University.