Initial Interest Confusion (Trademark) Law and Legal Definition

Initial interest confusion happens where actual trademark confusion is not likely because one party uses disclaimers or other information making clear that the mark in question is not related to the senior user's mark. Initial interest confusion looks at whether the defendant's use of the plaintiff's mark was done in a manner calculated to capture initial consumer attention even though no actual sale is finally completed as a result of the confusion. In other words, it is a temporary confusion that is dispensed before actual sale.