Private label manufacturers routinely struggle with how closely they can come to a competing brand name’s packaging without running afoul of trademark laws. Brand manufacturers, meanwhile, struggle with how aggressively to assert their trademark rights against those who aim to reference or copy their packaging. Courts have consistently looked at a private label or retailer logo placement as a key factor in assessing whether consumers are likely to be confused and whether a package violates the Lanham Act. Unexplained, however, is what the difference is between cases where the court finds the private label logo adequate to avoid liability and those where it does not. What do the commonly cited cases tell us about what private label manufacturers and brand manufacturers can do to assess the likelihood of injunctive relief, and to enhance their respective positions?
LOGO PLACEMENT AND CONFUSION
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