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A Book for All Small Business Owners in Alaska

It's much better to manage your legal risks than to let them manage you. That's the Inside-out Legal way. Reading this book gets you started on the right path. Learn about your legal risks and the laws you need to be aware of.



Once you have your search results, you need to deter­mine whether any of the other marks you found would likely cre­ate cus­tomer con­fu­sion between your prod­ucts or ser­vices and their prod­ucts and ser­vices. If con­fu­sion is likely, then you should choose another mark (unless you used the mark first, in which case you’ll need to deal with the other uses as an infringe­ment). If con­fu­sion is unlikely, then you may use the mark.

Unfor­tu­nately, this process is not cut and dried. The like­li­hood of cus­tomer con­fu­sion is one of those mushy legal terms that depend on the facts. If you ask for an opin­ion from an attor­ney, they will likely err on the side of cau­tion. Here are some gen­eral guide­lines in deter­min­ing whether there is a like­li­hood of confusion.

Like­li­hood means that con­fu­sion will more than likely hap­pen; that it’s prob­a­ble. Not that it’s already hap­pened or will hap­pen. The sec­ond fac­tor is con­fu­sion. Will a cus­tomer con­fuse your goods and ser­vices with some­one else’s goods or ser­vices? If Apple, Inc. sells com­put­ers and Apple Hair Prod­ucts sells sham­poos, it’s hard to imag­ine some­one acci­den­tally buy­ing a com­puter when they meant to buy shampoo.

Here are few things to look at: