similarity

Intellectual property. The resemblance of one trademark or copyrighted work to another.

• How closely a trademark must resemble another to amount to infringement depends on the nature of the product and how much care the typical buyer would be expected to take in making the selection in that particular market. It is a question of overall impression rather than an element-by-element comparison of the two marks.

— Also termed imitation; colorable imitation. [Cases: Trade Regulation 340. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 86, 89.]


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