Kimberly-Clark Corporation (“K-C”) owns the well-known diaper trademark “Huggies.” When another company tried to register their diapers as “Dougies,” K-C filed an opposition. Who did the court side with?
One of the most important elements in U.S. trademark law when considering trademark infringement is the “likelihood of confusion” between trademarks. That is, even if there is not exact similarity between trademarks, if there is a possibility that consumers could be confused about the source, affiliation, or partnership related to the trademarks, then trademark infringement could occur.
Returning to K-C’s case, the Federal Circuit concluded that “Huggies” and “Dougies” were sufficiently similar to cause a likelihood of confusion. The court reasoned that, among other things, (1) both trademarks sound very similar and rhyme with each other, and (2) only K-C used a trademark ending with “ies” related to diapers.
As you can see from “Huggies” and “Dougies,” just because trademarks are not identical does not mean there is no room for infringement; infringement can occur even if trademarks are not identical.
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