Legal Definitions - colorable imitation

Definition: A mark that resembles a registered trademark and is likely to cause confusion or mistake, even if it was not created with the intent to deceive.

Examples:

• A company creates a logo that looks very similar to a well-known brand's logo, using similar colors and shapes. This could be considered a colorable imitation.
• A musician writes a song that sounds very similar to another artist's hit song, even though the lyrics and melody are not exactly the same. This could also be considered a colorable imitation.

These examples illustrate how a mark or work can be considered a colorable imitation if it closely resembles another, even if it was not intentionally created to deceive consumers or copy another's work exactly. The standard for determining whether a mark or work is a colorable imitation depends on the nature of the product and how much care the typical buyer would be expected to take in making the selection in that particular market.