Question

Joshua has a successful dog grooming business called "Tub & Dog." He registered the business name for trademark protection. Sandy noticed how well Joshua was doing and opened his own business called "Tub & Dog II." Joshua is unhappy about Sandy's use of the name. He is also unhappy because Sandy is copying Joshua's practice of tying a bright orange bandana around each dog's neck immediately after grooming. Joshua sued Sandy for trademark infringement based upon the name and the use of the orange bandana. Sandy replies that one reason Joshua should not prevail is that he is involved primarily in the sale of dog grooming products while Joshua is involved in the grooming of dogs. Sandy claims that his use of the orange bandana is very rare because he does very little grooming. Sandy also defends on the basis that actual confusion among consumers does not exist. Joshua insists that he should prevail and notes that he is considering expanding into the product sales area.
To what concept is the issue of whether Joshua intends to expand into the area of dog grooming product sales relevant in a consideration of trademark infringement?

A. The possibility of bridging the gap
B. The possibility of twin competition
C. The possibility of building the bridge
D. The possibility of sweeping the product
E. The possibility of actual confusion

Answer 1

Answer:

The correct answer is e) The possibility of actual confusion.

Explanation:

The possibility of real confusion is when due to the identical characteristics of a service, product or name there is a possibility of confusion for customers.

For example, in the case of Joshua and his lawsuit against Sandy, the reason for the lawsuit is that he uses a name that already had a registered, he also considers that Sandy uses his service techniques, and this could affect his expansion.

 

Although Sandy denies what Joshua says, assuring that he only uses the name and the orange scarves on occasions. He does not believe that this is wrong, but for the resolution of the case, it must be considered that the trademark was registered by Joshua, for which if there is no agreement by both parties, using the name of "Tub & Dog" can be punished, and the actions that Sandy takes can cause real confusion when Joshua expands his business.

I hope this information can help you.