The Sixth Circuit ruled that the shape of a guitar alone is not enough of a similarity to create a situation of initial interest confusion. Gibson Guitar Corp. v. Paul Reed Smith Guitar, LP, No. 04-5836, No. 04-5837 (6th Cir. September 12, 2005). Consumer products will tend to appear like their competitors at a sufficient distance, and initial interest confusion can not substitute for “point-of-sale confusion” in this context.
Six strings, no initial interest confusion
Andrew Raff
@andrewraff