1. CONFUSION OF GOODS.
2. MERGER(9).
“Confusion is the intermingling of two or more pieces of personal property so that the property rights in each can no longer be distinguished. Thereafter, no specific identification or separation of the formerly separate chattel is possible. Such an intermingling occurs most often with fungible goods like gas, oil, grain, mineral ore, or unmarked timber.” Barlow Burke, Personal Property in a Nutshell 379 (2d ed. 1993).
3. Trademarks. A consumer’s mistaken belief about the origin of goods or services. See LIKELIH-OOD-OF-CONFUSION TEST.
direct confusion. See forward confusion.
forward confusion. Confusion occurring when consumers are likely to believe mistakenly that the infringing company’s products are from the same source as the trademark owner’s. • In forward-confusion cases, the in-fringing company is usu. smaller than the owner. Thus, consumers may believe the infringer to be an affiliate of the owner.
— Also termed direct confusion.
reverse confusion. Confusion occurring when consumers are likely to believe mistakenly — usu. through wide-spread advertising and promotion by the infringing company — that the trademark owner’s products are actually those of the infringer. • Reverse confusion often injures the owner’s reputation and goodwill. In an action for reverse confusion, the trademark owner is typically the smaller company.
