Law Commons^™

Monetary Damages Under The Lanham Act: Eighth Circuit Holds Actual Confusion Is Not A Prerequisite, Roger W. Dyer Jr.

Missouri Law Review

This Note will examine the Lanham Act and the ways in which courts have interpreted it, particularly its provisions dealing with trademark infringement. This Note will then explain the concept of "actual confusion" and what has prompted courts to read the requirement into the Lanham Act with respect to establishing monetary awards. This Note also will provide an overview of the current split between circuits requiring proof of actual confusion and those allowing proof of "likelihood of confusion" to support an award of damages. Particular emphasis is placed on Eighth Circuit precedent. Finally, this Note will argue that the Eighth …