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Battle of the eagles: Trademark infringement and ‘indirect’ confusion

If a likelihood of direct confusion between two trademarks cannot be established, the courts may still be prepared to find infringement on the basis of a likelihood of indirect confusion. A decision by the England and Wales Court of Appeal over the ‘American Eagle’ trademark provides some insight into the circumstances necessary for indirect confusion to apply.

By Laura Morrish,
Battle of the eagles: Trademark infringement and ‘indirect’ confusion

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