Likelihood of confusion--the basis for trademark infringement

Abstract

This so-called "sight, sound, and meaning" test, while the most important element, is not the only element. Also important is the relatedness of the goods or services. If the goods on which the marks are used are unrelated, the chance of confusion is slight, even if the marks are similar or even exact in sight, sound, and meaning. Examples of this situation are very common. Delta, for instance, is a service mark for airline services, but also functions as a trademark for plumbing fixtures.