A Proposal on Deciding Trademark Infringement Claims to Limit Confusion for Consumers

A Proposal on Deciding Trademark Infringement Claims to Limit Confusion for Consumers

Journal article

1 online resource (pages 124-141)

In GrubHub Inc. v. Relish Labs LLC, the Seventh Circuit Court ruled that there was no likelihood of confusion between the trademarks of Grubhub and Home Chef, despite the two marks’ clear similarities. This case note will explore whether the Seventh Circuit Court’s analysis of likelihood of confusion in trademark cases warrants a revised interpretation. Oftentimes, customers have a hard time distinguishing between two businesses with similar trademarks and products. With that in mind, the Seventh Circuit Court has employed standards for determining whether two trademarks have a likelihood of confusion. This case note asserts that the breadth of the Seventh Circuit’s likelihood of confusion factors require a different interpretation for certain challenges. Since trademark law seeks to minimize consumer confusion and protect trademark owners’ property, the Seventh Circuit should aim to eliminate all potential for confusion. Instead of picking which factors to analyze and weigh, an approach that considers each factor equally would more effectively prioritize consumer confusion.

Crossref

John Marshal Review of Intellectual Property Law, Volume 24, Issue 2, 2025, page 124-141

John Marshal Review of Intellectual Property Law

[Chicago, Illinois] : UIC Review of Intellectual Property Law, 2025.

English

https://repository.law.uic.edu/cgi/viewcontent.cgi?article=1528&context=ripl

External Online Journals > The John Marshall Review of Intellectual Property Law