Substantial Similarity and Psychological Similarity: Perfect Strangers
نویسندگان
چکیده
Questions of similarity and dissimilarity are central to both the study and practice of intellectual property law. Trademark law’s basic consideration in determinations of infringement is consumer confusion. Similarity of marks is a basic measure of the likelihood of confusion and the concept of confusion itself – the misidentification of one object with another – is, in some ways, a very basic measure of the psychological concept of similarity. Copyright law explicitly uses similarity (and its extent) as the benchmark for infringement.
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