Legal Definitions - forward confusion

Definition: Forward confusion occurs when consumers mistakenly believe that the infringing company's products are from the same source as the trademark owner's. This confusion is more likely to happen when the infringing company is smaller than the owner, leading consumers to believe that the infringer is an affiliate of the owner.

Examples:

• A small coffee shop named "Starbucks Cafe" opens up near a Starbucks location. Customers may mistakenly believe that the two businesses are related, leading to forward confusion.
• A clothing brand named "Adibas" uses a logo that is very similar to Adidas. Consumers may mistakenly believe that Adibas is a knockoff or affiliate of Adidas, leading to forward confusion.

These examples illustrate how forward confusion can occur when a smaller company uses a similar name or logo to a well-known brand. Consumers may be confused about the origin of the products and mistakenly believe that the smaller company is affiliated with the larger brand.