Talk Notes: Death of the Initial Interest Confusion Doctrine?
By Eric Goldman
As you may know, the IP professor community is blessed to have a number of “work-in-progress” events where we share our research-in-process with, and get early feedback from, our peers. Last weekend, I attended one of those events, WIPIP, at the University of Houston.
I presented a talk entitled “Death of the Initial Interest Confusion Doctrine?” My presentation slides. The talk traces its roots to my ad hoc observations, starting in 2010, that:
1) courts were citing the initial interest confusion doctrine with noticeably less frequency,
2) when they did reference the doctrine, many opinions just made a cursory non-substantive reference, and
3) plaintiffs were rarely getting any traction with their IIC arguments.