Comment Re:Possibly valid (Score 1) 53
Since 2021, Confusion is not a concrete harm that supports a Trademark infringement case. It must cause a concrete harm to the business.
https://harvardlawreview.org/p... has a great, easy to read review of the impact.
Two excerpts, first from introduction, second from the takeaway:
"""
In TransUnion LLC v. Ramirez,the Supreme Court held that a legal violation is not an injury in fact unless it entails concrete harm.
to be concrete, the injury must have a “close historical or common-law analogue.”
Part III argues that the modern conception of likely confusion flunks the concrete-harm test because trademark law traditionally required business harm to producers.
In the absence of business harm, the injury that trademark owners sustain from others’ use of their marks is closer to a nonjusticiable moral injury.
When trademark owners do not establish business harm, courts must dismiss their claims on standing grounds.
"""
Still, if this textualist Court really means what it says, then trademark law requires an overhaul.
The legal injury of likelihood of confusion bears none of the hallmarks and boasts none of the traditional pedigree of a bona fide injury in fact.
Without proof of business harm, trademark claims must fail.
In the words of Justice Kavanaugh, “No concrete harm, no standing.”