Nonpurchaser Confusion Law and Legal Definition

Under trademark law, the test to know whether a trademark has been infringed is consumer confusion. However, such confusion need not be actual. The confusion need not be of the purchasers also. Confusion of nonpurchasers also qualifies as infringement. When a product bearing the infringing mark when it is engraved on the good itself is likely to be seen by nonpurchasers, the actual purchaser may not be confused by the engraving if the packaging or store display contain disclaimers. However, if the nonpurchaser who has not had the benefit of seeing the disclaimer is likely to be confused, there trademark infringement exists.