When consumers get confused

Perry Viscounty, Jennifer Barry, and Deborah Gubernick of Latham & Watkins, LLP unpick the thorny issue of hearsay in consumer confusion infringement

Your client is a manufacturer of a high-quality line of sporting goods, distributed only by certain retail stores, branded as Grizzly Bear sporting goods, with a distinctive growling bear logo on all products. Your client receives a phone call from one of its sales manager reporting that at least 10 customers have complained that Grizzly Bear products are on sale for a much lower price at a nearby unauthorised reseller. ¹