Title

Initial Interest Confusion: A Consumer Protection Perspective

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Abstract

The concept of Initial Interest Confusion (IIC) as a form of trademark infringement involves situations where consumers are initially confused about the source of a product but that confusion is corrected before possible purchase. Currently, trademark law condemns some practices, but allows others that are likely to cause IIC. This paper suggests that FTC consumer policy and the concept of consumer sovereignty both argue that IIC should be allowed under trademark law except when it coerces consumers into a purchase they otherwise would not have made or makes it costly for consumer to escape the IIC shopping situation.

Disciplines

Accounting Law | Administrative Law | Consumer Protection Law

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