The Forensic Analysis of Likelihood of Confusion among Brand Names: Case of Adidas and Abidas

Patrick Sadi Makangila, Yesdauletova Sabira

Abstract


This paper demonstrates how an expert in Forensic Linguistics, using his skills and abilities to come up with a legal decision-making based on scientific evidence in cases involving brand names under dispute. The very important aspect in the likelihood of confusion between two brand names is when two products have names which could make consumers a bit confused while the composition of both products has one or two different ingredients which could have some allergic reactions in the body of some consumers referring to sectors like the food industry, pharmaceutical sector and so on. The study states that the conflict on the trademarks Adidas and Abidas could be avoided if the linguists are called upon as experts while the junior brand looks for name about his new brand or in the courts for the legal decision-making between brands. For these reasons, the discussion tries to provide answers to the following research questions: (a) Can a forensic linguist provide relevant evidence in the conflicts between brand names? (b) What are aspects to take into consideration? (c) Is it possible to determine the likelihood of confusion between Adidas and Abidas? To answer these research questions, an authentic case was thoroughly examined. This involved revisiting the Community Trademark conflict between the earlier and international brand Adidas and Abidas. For purposes of analysis, the likelihood of confusion was taken into consideration in the review of the Adidas vs Abidas case.


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DOI: https://doi.org/10.5296/jsel.v8i1.16813

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