Legal Definitions - colorable-imitation test

The colorable-imitation test is a legal test used in trademark cases to determine if there has been a violation of trademark rights. The test involves determining whether an ordinary person, who is not allowed to compare two items side by side, can recognize the difference between the two.

Let's say there is a company called "Apple" that sells electronic devices. Another company starts selling electronic devices under the name "Aple". The colorable-imitation test would be used to determine if "Aple" is too similar to "Apple" and could cause confusion among consumers. If an ordinary person could not easily distinguish between the two names, then "Aple" would be considered a violation of "Apple's" trademark rights.

Another example could be two companies selling similar products with similar logos. If an ordinary person could not easily distinguish between the two logos, then one company may be violating the other's trademark rights.

The colorable-imitation test is important in protecting the rights of trademark owners and preventing confusion among consumers.