Tabberone is pronounced tab ber won not tay ber own

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Erroneously Believe

Confusion is the benchmark of trademark infringement. This "erroneously believe" is an attempt to link the offer to sell to the required confusion but it fails. Shoppers are not stupid. If the item were being sold in a store with a prominent disclaimer, there would be no likelihood of confusion. Shoppers in stores can be more easily misled as to the origin of a product if there is no disclaimer either displayed or attached to the product. On-line shoppers tend to be harder to mislead because being on-line, they read descriptions more closely and disclaimers have even a greater impact on their decisions. And, contrary to what corporate lawyers will tell you, disclaimers are often required by courts as a remedy to confusion.