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"Relatedness" in Trademark Analysis

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The tables below show how courts and the Trademark Office have decided specific cases on the issue of likelihood of confusion. From this, we can extrapolate what the decision-maker believed regarding the issue of relatedness.

The examples below show that seemingly unrelated products can result in trademark infringement, while products that are virtually identical result in no infringement. This is not to say that relatedness is not important. To the contrary, it is one of the most important factors. However, relatedness considered in isolation does not provide the proper framework to assess infringement. Nonetheless, looking at which products have been related or not related is useful precedential information. One of the resources routinely consulted when drafting a trademark clearance opinion is a book summarizing cases in order to determine whether two products are sufficiently related to constitute a trademark infringement problem.

RELATED*

Tea (46)		Cheese (46), Cocoa (46) or Yogurt (46)

Sunglasses (26)		Beachwear (39)

Lipstick (51)		Pajamas (39)

Light bulbs (21)		Flashlights (21)

Department store (101)		Gasoline station (101)

Banking services (102)		Real estate services (102)

Frozen Dinners (46)		Pasta (46)

Cat food (46)		Bird seed (46)

Dresses (39)		Skin cleaners (52)

Bath powder (51)		Body lotion (51)

Baseball bats (22)		Bicycle parts (19)

Automobiles (19)		Additive fuels (6)

Wigs (40)		Mugs (2)

Video store rental services (101)		Video recorders (36)

Men's suits (39)		T-Shirts (39)

NOT RELATED**

Bath powder (51)		Medicated skin cream (18)

Men's suits (39)		Children's jackets (39)

Leather (1)		Handbags & briefcases (3)

Sunglasses (26)		Auto-adjustable sunglasses (26)

Baseball bats (22)		Candy (46)

Telephone, cordless (21)		Telephone distribution services (101)

Dresses (39)		Fabric (42)

Frozen Dinners (46)		Condiments (46)

Catering services (100)		Restaurant services (100)

Tea (46)		Nuts (46) or BBQ sauce (46)

Refrigerators (31)		Refrigeration transport units (31)

Educational services (107)		Entertainment services (107)

Orange juice (46)		Cereal (46)

Athletic knee pads (22)		Industrial knee pads (26)

Sweaters (39)		Socks (39)

* The decisions from which these data were taken do not necessarily discuss the relatedness of the specific products involved. However, because the determination of "likelihood of confusion" must consider relatedness as a factor, it is safe to assume the underlying products are sufficiently related when the trademarks are found to be confusingly similar.

** These decisions explicitly stated that the specific goods or services involved were not related.

TERMS OF USE: By viewing the contents of this web site you acknowledge that you have read and understood this paragraph. Pliam Law Group, P.A. intends this site to be a resource on federal trademarks. Questions regarding state trademarks should be directed to attorneys in your own state. The information contained on this site is offered "AS IS," and no warranty is made as to its timeliness, completeness, quality or accuracy. Because every legal matter is different, and cannot be addressed in the generalized content of a web site, you should not rely upon the information provided on this site as legal advice, nor should you construe anything on the site to be an offer to represent you. Thus, you cannot create an attorney-client relationship by viewing this site, nor can you do so by sending e-mail to us or using forms found on this site. We do not guarantee the confidentiality of communications submitted through the Internet, whether via e-mail or web forms. Any legal claims or disputes arising from the use of this web site or any of its forms will be brought in a Minnesota court, under Minnesota Law.